Notice & Comment

Author: Haley Proctor

Notice & Comment

D.C. Circuit Review – Reviewed: Win or Lose

Belatedly, here are the summaries of last week’s decisions. Yesterday’s unsealed opinion in United States v. Trump will await a future post.  Both decisions from last week come in lawsuits against Attorney General Garland relating to matters that have been in the news. The first, Langeman v. Garland, concerns the FBI’s decision to terminate Michael […]

Notice & Comment

D.C. Circuit Review – Reviewed: Jurisdiction and Taxes

Benjamin Franklin famously observed that “in this world nothing can be said to be certain, except death and taxes.” Equally inevitable in federal litigation: jurisdictional tussles. Last week’s decisions feature a range of jurisdictional disputes: primary jurisdiction, statutory jurisdiction, standing, and sovereign immunity. We also encounter a perennial tax question. In Fairless Energy v. FERC, […]

Notice & Comment

D.C. Circuit Review – Reviewed: And We’re Off!

The administrative law headline for the past week is that the Supreme Court has again invoked the Major Questions Doctrine to hold agency action unlawful—this time, President Biden’s student loan forgiveness program. In a separate opinion, Justice Barrett offers a thoughtful explication of that doctrine. In her view, it merely “emphasize[s] the importance of context […]

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D.C. Circuit Review – Reviewed: When Exactly Is a Final Rule Final, Part II, or When Is It Too Late To Join a Case Asking When Is It Too Late To Withdraw a Rule?

Humane Society of the United States v. U.S. Department of Agriculture returned this week. D.C. Circuit Reviewer Hyland Hunt wrote an in-depth post on this interesting case earlier this year. As Hyland explained, the case grew out of the longstanding practice by incoming presidential administrations of halting (and, upon review, withdrawing) the outgoing administration’s rules […]

Notice & Comment

D.C. Circuit Review – Reviewed: Things Best Left [S]aid

The D.C. Circuit issued nine opinions this week, six of which concern administrative law or related topics.  Beginning with the traditional administrative law cases, Bloomberg v. SEC concerns FINRA’s proposal to create a centralized service that provides bond-market participants core reference data for new issues of corporate bonds. SEC approved the proposal, and Bloomberg—a private […]

Notice & Comment

D.C. Circuit Review – Reviewed: Between the Medicare Act and the Budget Control Act of 2011

The Court issued only one opinion last week, but fortunately for readers of this blog, it involves administrative law. It also provides an enlightening grammar lesson for any reader who, like me, learned most of her grammar in a foreign language class. Gentiva Health Services, Inc. v. Becerra involved a challenge to CMS’s methodology for […]