Notice & Comment

D.C. Circuit Review – Reviewed: Spring Break?

This week was a very quiet one at the D.C. Circuit. There was only one decision and it had nothing to do with administrative law.* Perhaps it is spring break at the D.C. Circuit. (I’m kidding . . . probably.) So if you read D.C. Circuit Review – Reviewed for admin law opinions, take the week off. If you are wondering how you’ll use these free five minutes, consider this link. Or if you’d like something a bit more substantive, consider reviewing the oral argument transcript in Army Corps of Engineers v. Hawkes Co.

(This post could explain why the deep problem in Hawkes is not jurisdictional determinations themselves, just like the deep problem in Sackett v. EPA was not compliance orders themselves. But Justice Alito beat me to it.)

*In Robinson v. Pezzat, the court confronted several issues surrounding the shooting and killing of a dog by two police officers executing a search warrant. This case offers a good discussion of “the familiar yet significant issue of the proper role of the district court at summary judgment.” Although the opinion—authored by Judge Tatel and joined by Judge Silberman—is (unsurprisingly) well written, the most interesting part may be the footnote: “Chief Judge Garland was a member of the panel at the time the case was argued but did not participate in this opinion.” Judge Tatel, as a rule, does not use footnotes, but sometimes an exception is in order.

D.C. Circuit Review – Reviewed is designed to help you keep track of the nation’s “second most important court” in just five minutes a week.

Print Friendly, PDF & Email