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 […]
The D. C. Circuit released only one opinion last week, on the last day of the year, and, fittingly, it involved a January 6 defendant. It will be interesting to see what the New Year brings for these defendants whose criminal activities have occupied so much of the recent time of the courts in the […]
“No delay” was the theme last week at the D.C. Circuit. In one case, the court denied a temporary injunction against the TikTok ban-or-sale requirement going into effect. In another case, the court denied a petition for review on the ground that the agency would have reached the same result on remand even without the […]
That’s the sound of a major opinion from the D.C. Circuit. Last week, in TikTok Inc. v. Garland, the Court of Appeals held that the Foreign Adversary Controlled Applications Act’s provisions about the TikTok platform do not violate the U.S. Constitution. The First Amendment issue got the most treatment. Judge Ginsburg, who wrote the majority […]
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, […]
Last Friday, the D.C. Circuit issued its decision in Alpine Securities Corp. v. FINRA, No. 23-5129, a closely-watched case about the authority of the Financial Industry Regulatory Authority (“FINRA”), a private corporation that regulates and oversees large parts of the securities industry. The case raised significant questions about whether FINRA exercises too much executive authority […]
The D.C. Circuit released two opinions this week, and I’ll be covering the one that isn’t about the Second Amendment. In Lee v. Garland, the FBI terminated the plaintiff’s security clearance and fired him. The plaintiff alleged violations of the First Amendment, Fifth Amendment, and Title VII. The court (per Katsas, J.) unanimously held that the […]
The D.C. Circuit published one opinion last week, which did not deal with administrative law. It did, however, deal with a high-profile issue: criminal prosecutions stemming from January 6. United States v. Griffin posed the question, what does it mean for a person to “‘knowingly enter[]’ the restricted safety zone [around the Vice President]” within […]
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 […]
Last week, the D. C. Circuit issued only one opinion from a case argued last February. In Campaign Legal Ctr. v. 45Committee, Inc., No. 23-7040, Chief Judge Srinivasan, joined by Judge Childs and Senior Judge Randolph, affirmed the district court’s dismissal of a citizen suit brought under the Federal Election Campaign Act (“FECA”). Under FECA, […]
We have three opinions from the D.C. Circuit last week, including another dispatch from the Loper Bright frontier. Let’s begin there. May FERC require a power generator to upgrade its circuit breaker so that another generator can safely connect to the regional power grid? The generator’s duties with respect to facility upgrades are governed by […]
The D.C. Circuit issued only one opinion last week: Brotherhood of Railroad Signalmen v. National Railroad Passenger Corp. In 2017, the Brotherhood of Railroad Signalmen (“the Union”) filed a complaint in federal district court arguing that Amtrak had violated their collective bargaining agreement by refusing to say that it would use Union-represented workers in a […]
The late summer burst of opinions appears to have ended, as the D.C. Circuit released no published opinions last week. But the court did hear oral argument in a noteworthy emergency administrative law appeal, KalshiEx LLC v. Commodity Futures Trading Commission. Kalshi seeks to offer what it calls Congressional Control Contracts. Buyers who correctly predict […]
The D.C. Circuit published an interesting standing opinion last week: Citizens for Constitutional Integrity v. Census Bureau. In an opinion by Judge Wilkins, joined by Chief Judge Srinivasan and Judge Childs, the court aimed to clarify when to relax the Article III standing test for a procedural rights claim. “There is no established test in […]
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 […]