Notice & Comment

Author: Thomas B. Griffith

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: 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 […]

Notice & Comment

A New Test Or Merely A New Name For Some Regulatory Takings?

Much of the commentary about the Supreme Court’s recent decision in Cedar Point Nursery v. Hassid, 141 S. Ct. 2063 (2021), has focused on its implications for labor law.  Yet some of the Chief Justice’s language in the majority opinion suggests a substantial reworking of the Court’s approach to “regulatory takings”—an area that the Court has […]