As Judge Griffith covered last week, the motions panel at the D.C. Circuit has remained busy of late. It appears this month will be no exception. Last week, the D.C. Circuit administratively stayed much of the district court’s preliminary injunction in National Treasury Employees Union v. Vought, No. 25-5091, which had prevented the government from […]

Only one opinion from the D.C. Circuit last week, in Jones Lang LaSalle Americas, Inc. v. NLRB, No. 24-1079, so this will be quick. It’s a straightforward application of a narrow standard of review (substantial evidence/arbitrary and capricious). The company raised two issues about a representation election: the Board Agent (1) briefly left the ballot […]

Two admin law (or adjacent) opinions, in both old and new cases, last week. The new case is Citizens Action Coalition of Indiana v. FERC, No. 23-1046, which began somewhat lyrically for a FERC case: “As night follows day, an environmental challenge follows the approval of a natural gas pipeline.” In short, the court rejected […]

Unsurprisingly, the D.C. Circuit did not issue any opinions last week (Thanksgiving week). Indeed, the whole month of November was light on opinions, with only two issued, though both were important cases. One was about the power of FINRA (and, by extension, other private regulatory entities), though as my fellow D.C. Circuit Review blogger described, […]

The D.C. Circuit issued only one opinion this week, and it wasn’t about admin law. (It’s about the exceptions to the “three strikes” rule under the Prison Litigation Reform Act, which bars prisoners from proceeding in forma pauperis if they have filed three frivolous lawsuits). So there isn’t much to report! The Court did hear […]

Like all who follow admin law or the D.C. Circuit to any degree, my colleagues here at D.C. Circuit Review have been keeping track of decisions illustrating the Circuit’s emerging approach to Loper Bright. Last week offers two more examples to consider, which were also the only two admin law decisions from the week, and […]

As Judge Griffith noted, it’s peak opinion-issuing season at the D.C. Circuit. The court issued 15 opinions last week, about 10 of which fall into the “admin law” category. So the recaps will necessarily be brief! Perhaps the most noteworthy decision came in Amazon Services LLC v. U.S. Dep’t of Agriculture, No. 22-1052, where the […]

Only two true admin law opinions among the D.C. Circuit’s six decisions last week, both involving FERC. In the first FERC case, N.Y. State Public Service Comm’n v. FERC, No. 23-1192, the agency survived a challenge to a flip-flop in agency positions by a 2-1 vote. The majority opinion, written by Judge Randolph, noted that […]

Not much of a unifying theme in the past week’s D.C. Circuit decisions. The most significant decision was likely Farhy v. Commissioner of Internal Revenue, No. 23-1179, where the court (Judge Pillard writing) held that the IRS can assess and administratively collect penalties for failure to file information returns regarding ownership of foreign businesses. The […]

The D.C. Circuit issued just one opinion this past week, holding that the Postal Regulatory Commission, on remand from a prior decision of the D.C. Circuit, had adequately addressed the issues identified in the prior decision. The case is United Parcel Service, Inc. v. Postal Regulatory Commission, No. 23-1006, and the decision was written by […]

No admin law decisions at the D.C. Circuit this week. The big news, needless to say, was the decision in USA v. Trump, No. 23-3228, in which the court (Judges Henderson, Childs, and Pan) held that “any executive immunity that may have protected [Trump] while he served as President no longer protects him against this […]

As you might expect for a holiday week, the D.C. Cir. had a slow week the last week of 2023, handing down just one opinion certifying a question of D.C. tort law to the D.C. Court of Appeals. The first week of the new year looks to be quiet, too, but activity picks up quite […]

We’re still in the quiet period of the term, with just one opinion issued this past week. It’s another holdover from last term (argued over a year ago). I believe there has been only one published opinion released so far for cases actually argued this term – a decision in an NLRB case about bargaining […]

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 […]

The summer gush of opinions that my fellow bloggers have been reviewing appears to have slowed down to a trickle as we head into the last week of August. Only one opinion this week, and it’s antitrust … though I suppose we can call it admin-law-adjacent because the (unsuccessful) antitrust claim was brought by the […]