As the Supreme Court prepares to decide the fate of one of its most cited precedents, it will do so without a full slate of Justices. There’s a simple solution sitting in the current batch of petitions at the Court. Earlier this year, the Supreme Court granted a petition for a writ of certiorari in Loper Bright Enterprises, […]
ACUS Publishes New Statement of Principles for Public Participation in Agency Rulemaking Since its establishment, the Administrative Conference of the United States (ACUS) has issued dozens of recommendations designed to help agencies efficiently, equitably, and effectively provide opportunities for public input and dialogue when they issue, amend, or repeal rules. To assist agency staff in […]
The Northern District of Texas has received a lot of attention lately. But one recent ruling out of that court seems to be getting little notice: Utah v. Walsh. The decision is admittedly dry—it rejected a challenge brought by 26 states’ attorneys general to the Department of Labor’s 2022 Investment Duties Rule, which clarified the duties […]
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 […]
At the Mayflower Hotel in Washington, DC, on Friday, October 20, 2023, the George Mason Law Review will be hosting a terrific symposium entitled Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise: It’s a terrific line-up of speakers, and the event is open to the public. You can see […]
For weeks during which the D. C. Circuit issues no opinions, some of the contributors to this forum have used the occasion to describe some aspect of the history, work, or culture of the D. C. Circuit. This is such a week because the D. C. Circuit issued no opinion, but it did meet for […]
Lina Khan became famous by writing a student note titled “Amazon’s Antitrust Paradox.”[1] She told a fascinating story about the evil practices of Amazon. She has now increased her fame by filing an antitrust action against Amazon in her role as Chair of the FTC. The FTC’s complaint tells another interesting story about the evil practices […]
Last week was a quiet one at the D.C. Circuit. No new opinions at all, but the Court corrected an opinion it issued in July. Hyland Hunt provides a thorough summary of the decision, Advanced Energy United v. FERC, here. Among other things, the Court held that petitioners’ rehearing petition was untimely. In doing so, […]
With the Senate’s confirmation of Anna Gomez as the fifth member of the Federal Communications Commission, the Democrats finally have their long-awaited 3-2 majority. So FCC Chairman Jessica Rosenworcel didn’t waste any time in initiating a rulemaking proceeding proposing to reimpose “Net Neutrality” regulations on Internet service providers (ISPs) such as Verizon, Comcast, and dozens of others. […]
Today’s Ad Law Reading Room Entry is “Saving Agency Adjudication,” by Aaron L. Nielson, Christopher J. Walker, and Melissa F. Wasserman. Here is the abstract: When discussing the federal judiciary, commentators typically fixate on the 800 or so “Article III” judges who are nominated by the President, confirmed by the Senate, and enjoy life tenure […]
The law known as the “Little” Tucker Act authorizes federal district courts to entertain small dollar civil claims against the United States, “in cases not sounding in tort.”[1] It also sets out a statute of limitations. As amended, the limitations period provides that “every civil action commenced against the United States shall be barred unless the […]
Supreme Court Justice Brandeis once wrote: “[S]unlight is said to be the best of disinfectants.” As applied to our administrative state, our government best serves the public when it operates in the open. Transparency through public notice of meetings and public participation in the regulatory process is our best tool to hold our public officials accountable. […]
Last week, the D.C. Circuit issued two administrative-law opinions and unsealed an opinion regarding the FBI’s investigation into Representative Scott Perry’s cell phone. You can find the unsealed opinion here and summaries of the administrative-law opinions below. In American Society for Testing and Materials v. Public.Resource.Org, Inc., the D.C. Circuit considered how the Copyright Act […]
For several decades, the oil and gas industry has been extensively involved in a campaign of climate denial aimed at safeguarding their financial interests and evading regulation. In order to obstruct fossil fuel regulation, the industry has knowingly misled the public and policymakers about its role in the climate crisis. As it turns out, major oil […]
The U.S. Supreme Court has increasingly invoked the major questions doctrine to police the separation of powers, with a series of cases in the past few terms relying on the doctrine. Observers have noted that the rise of the doctrine appears to compensate for a long-comatose nondelegation doctrine that the Court is undecided on whether […]