Notice & Comment

D.C. Circuit Review

Notice & Comment

D. C. Circuit Reviewed: Reviewed – Two Energy Cases Decided; An Appointments Clause Issue in the Making?

The D. C. Circuit released two decisions last week, both upholding challenged agency actions. The first involved the Nuclear Regulatory Commission; the other involved FERC. Public utilities must file with FERC all rates and charges and may not charge a rate that is not on file. Utilities must report their operational costs incurred so that […]

Notice & Comment

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

No Opinions, But a Petition Worth Watching – Seventeen States Challenge Section 209(b) of the Clean Air Act

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 […]

Notice & Comment

D. C. Circuit Review – Reviewed: Civic Charity and Judge Silberman

It’s hard to imagine the D. C. Circuit without Judge Larry Silberman. As has been noted by many since his passing last week he was a commanding presence, an iconic judge.  https://www.nytimes.com/2022/10/05/us/laurence-silberman-dead.html; https://www.washingtonpost.com/obituaries/2022/10/03/laurence-silberman-federal-appeals-judge/; https://www.yalejreg.com/nc/the-most-intimidating-judge-i-ever-met-reflections-on-judge-laurence-silberman/; https://www.wsj.com/articles/america-loses-a-judicial-giant-laurence-silberman-restraint-dc-circuit-constitution-judge-legacy-scalia-clerks-second-amendment-11664750990 I shall miss him. Before joining the D. C. Circuit I was in awe of Judge Silberman and his singular […]