We’re still in the quiet period of the term, with just one opinion issued this past week. It’s another holdover from last term (argued over a year ago). I believe there has been only one published opinion released so far for cases actually argued this term – a decision in an NLRB case about bargaining […]
It was a pretty quiet week at the D.C. Circuit this past week. No opinions (which is fairly typical for early fall), and not many arguments. Two days of sittings, three cases each, and only two of them were squarely in the admin law lane (three if you include a FOIA case). Which got me […]
The summer gush of opinions that my fellow bloggers have been reviewing appears to have slowed down to a trickle as we head into the last week of August. Only one opinion this week, and it’s antitrust … though I suppose we can call it admin-law-adjacent because the (unsuccessful) antitrust claim was brought by the […]
The D.C. Circuit issued two admin law decisions this past week, both partial defeats for FERC. The most significant case is Advanced Energy United, Inc. v. FERC, No. 22-1018. It involves the Southeast Energy Exchange Market (SEEM), proposed by some of the southeast’s largest utilities and approved by FERC in part by inaction. In non-technical […]
The D.C. Circuit issued two decisions this past week, both in criminal cases (one about challenging Armed Career Criminal Act sentences on collateral review and one reversing a conviction for a Brady violation). With arguments over for the term, and in lieu of any admin law decisions to discuss (though I expect the usual summer […]
Well, the D.C. Circuit issued only one decision last week. And judging by the six pages of counsel listings, it was a big one. However, it wasn’t an admin law case, and it’s hard to focus on anything else when the Supreme Court just today granted review on this question: “Whether the Court should overrule […]
The D.C. Circuit issued four decisions this week, all of which dismissed the claims before the Court at least partly on jurisdictional grounds. The two cases closest to the admin law heartland are ones where the litigants wanted to bring APA challenges but could not. In Federal Law Enforcement Officers Ass’n v. Ahuja, No. 21-5266 […]
At this blog, it goes without saying that we focus on the second highest court in the land. But every now and again, news from the highest court is too D.C. Circuit-centric to pass up. Which is unsurprising, given that four Justices hail from the august halls of the D.C. Circuit. We now have a […]
Consistent with recent weeks, no opinions this week. A few judgments, but nothing of note. But the Court was not on vacation! It heard argument in 11 cases, with a few likely to lead to decisions of note for administrative law types. The “big” admin case heard this past week, in terms of general media […]
Fall is a time of transition, and so it is on the D.C. Circuit this year. As my colleague wrote, the Court lost one of its luminaries with Judge Silberman’s passing. Two new judges have joined; Judge Childs’ first sitting was in September and Judge Pan has her first sitting in November. And the Court […]
As we transition from the late summer flurry of opinions to the relative lull of September, this week’s opinions have slowed to a trickle, with very little of note in the “core” admin law space. The decision that will likely have the most impact on other cases involves the False Claims Act: United States v. […]
The D.C. Circuit issued ten opinions in the last week of July, so this will be a necessarily brief recap. (Eleven, if you count a concurring statement by Judge Silberman, stating his view that the availability of a remedy under the Federal Tort Claims Act is a special factor precluding a Bivens remedy in a […]
To cut to the answer (for those who have been on the edge of their seats): A final rule is final, such that withdrawing it requires a new round of notice and comment, when the Office of the Federal Register (OFR) makes it available for public inspection. Or possibly earlier, when a signed rule is […]
As was the case last week, decisions are starting to flow at the pace you might expect for a court trying to wrap up (most of) its cases by end of summer. The D.C. Circuit handed down 5 decisions this week, which as a group illustrate how hard it can be to overturn agency action. […]
Somewhat surprisingly for the last week in April, the D.C. Circuit issued no opinions this week. April usually sees the numbers of decisions ramp up as the court moves into the last month of argument (May) and towards the goal of wrapping up the term’s cases over the summer. Only 7 decisions were handed down […]