Last week was busy at the D.C. Circuit, with opinions on (i) FERC (of course!), (ii) FIFRA, (iii) election law and the FEC, (iv) the EPA, (v) federal land management, (vi) foreign relations and espousal of claims, and (vii) civil procedure and criminal procedure. FERC In Fore River Residents Against the Compressor Station v. FERC, […]
Here is a belated summary of the D.C. Circuit’s administrative law opinions for the week of June 5. Several pressing questions will be answered, including, just what is a Glomar response? In Schaerr v. DOJ, the D.C. Circuit considered whether several agencies had properly issued a Glomar response to a FOIA request. When an agency […]
The D.C. Circuit issued three opinions last week. Let’s dive right into the two that raised administrative law questions. For one, the D.C. Circuit denied a petition for rehearing en banc in Guedes v. ATF – the bump-stock case. (For our prior coverage, see here and here.) In 2022, a unanimous panel rejected a challenge […]
Last week the D.C. Circuit decided two COVID-related cases: Shawnee Tribe v. Yellen, involving a challenge to distributions of federal COVID-related aid, and Payne v. Biden, involving a challenge to President Biden’s executive order requiring executive branch employees to have the COVID-19 vaccine. The Shawnee Tribe case was not the first time that the D.C. […]
If you’ve been waiting for a Miller Act case, I’m happy to say, wait no longer. In United States v. Hirani Engineering & Land Surveying, PC, the Court, in an opinion by Judge Rogers, reminded us to construe the Act liberally “‘in order properly to effectuate the Congressional intent to protect those whose labor and […]
Happy New Year! As 2023 begins, let’s look back at last year and review D.C. Circuit Review—Reviewed. It was a busy year at the D.C. Circuit, except when it wasn’t (see here, here, here, and here, and here too. Also here. I could cite more silent weeks from the D.C. Circuit, if you’d like. We […]
For this holiday week, there was one item on the menu at the D.C. Circuit: the extraordinary remedy of mandamus. The EPA’s violation of law, it turned out, was clearer than crystal. In re Center for Biological Diversity granted the writ to force EPA to do something that the D.C. Circuit told it to do […]
The D.C. Circuit did not release new opinions during the week of October 17. There were oral arguments in cases that we’ll follow at D.C. Circuit Review—Reviewed, including litigation over Exemption 4 to FOIA. But that’s not the biggest or most interesting news from last week at the D.C. Circuit. To my mind, the highlight […]
It’s not every day that every judge on the D.C. Circuit gets sued. And so, if nothing else, Klayman v. Rao was unusual. In that case, the plaintiff sued not only two D.C. District Court judges but also “all” – all! – “members of the United States Court of Appeals for the District of Columbia […]
Last week, a sequel led the box office at 333 Constitution Ave., NW. With a script by Judge Millett, it featured the FCC, a star of administrative law opinions at the D.C. Circuit. While Northstar Wireless, LLC v. FCC did not break new ground, those looking for the comfort of the familiar will find something […]
Last week, and for the second week in a row, the D.C. Circuit issued no opinions. We’re still expecting a busy May here at D.C. Circuit Review – Reviewed, so stay tuned. Still, there’s something to say about several cases argued last week. The oral argument in K.O. v. Sessions showed the skepticism with which […]
“So, you’re a rocket scientist?” That question, put by investment banker Jared Cohen to Peter Sullivan, an associate who has figured out that the bank they both work for is dangling on the precipice of collapse, is among the most memorable from the 2011 film Margin Call. Sullivan’s response? “I was, yeah,” but “the money […]
It was bound to happen, wasn’t it? On December 8, 2017, my co-blogger Aaron Nielson reported in D.C. Circuit Review – Reviewed on a speech given by Judge Randolph at the Center for the Study of the Administrative State. Last week Judge Randolph cited Aaron’s post for the first-ever D.C. Circuit citation to D.C. Circuit […]
Last week the D.C. Circuit published six opinions in an early celebration of the new year. The FAA, Amtrak, and arbitration clauses all made appearances in a set of fact-bound opinions with few precedential highlights. I’ve read them all so you don’t have to. For readers of this blog, last week’s highlights included administrative law […]
The D.C. Circuit published only one opinion this week, resolving a long-running suit that had become moot. The Court also announced that it will reopen for in-person arguments on December 1, 2021. Court watchers can find the protocols here. Members of the general public won’t be allowed to attend in-person, but can watch arguments on […]