The D.C. Circuit did not decide a nondelegation case last week. But while I have you, and the nondelegation doctrine and fee-setting are surely on your mind, I commend to your attention a recent article Professor Erika Lietzan: User Fee Programs. It surveys fee programs across the federal government and touches on the question whether […]
The D.C. Circuit was busy last week with emergency motions. In Dellinger v. Bessent, the district court enjoined the removal of Special Counsel Hampton Dellinger. The D.C. Circuit (Henderson, Millett, and Walker, JJ.) stayed the injunction pending appeal. As the panel explained, the stay gave “effect to the removal of appellee from his position as Special […]
Marin Audubon Society v. FAA is back in the news. Last week, the D.C. Circuit returned to the case for the second time since the panel’s November 2024 judgment. For our prior coverage of the November judgment, which threatened to “upend()” fifty years of law implementing the National Environmental Policy Act (NEPA), see here. In […]
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 […]
All was relatively quiet on the D. C. Circuit last week through the customary release of opinions on Friday, and then the storm hit. First, the calm. Only two decisions were released through Friday, neither of which has much significance beyond the interest of the parties. In Edward M.R. v. District of Columbia, No. 23-7143, the […]
There were no opinions out of the D.C. Circuit last week–only an order granting a motion for summary affirmance in False Claims Act appeal. While there are interesting Article II questions surrounding qui tam actions, the order simply applies settled law that pro se litigants cannot pursue claims on behalf of the United States. For […]
The D.C. Circuit issued only one opinion last week, and it wasn’t about administrative law. (The case involved a civil contempt motion to enforce an injunction that protected free-exercise rights under the Religious Freedom Restoration Act.) The court did hear arguments on several administrative-law cases, including: More opinions to come soon!
The D.C. Circuit decided four administrative law cases last week. This post focuses on Cigar Association of America v. FDA. The district court (Mehta, J.) vacated an FDA regulation on the ground that it arbitrarily and capriciously applied to “premium cigars.” In an opinion by Judge Randolph, the D.C. Circuit agreed on the merits. But it […]
The D.C. Circuit published two opinions in the week of January 13th. Both involved FERC, and the more interesting of the two raised questions about standing doctrine. Industrial Energy Consumers of America v. FERC was the standing case. The petitioners, various organizations representing energy consumers, petitioned for review of FERC orders granting stage one approval […]
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 […]