The D. C. Circuit issued only two opinions this week. In Air Excursions LLC v. Yellen, No. 22-5125, the D.C. Circuit held that Air Excursions, LLC, a regional airline serving Alaska and the Pacific Northwest, had no “competitor standing” under Article III to challenge the Department of Treasury’s disbursement of $30 million in COVID-relief funds […]
Yesterday, my husband took me to see a performance by the Glenn Miller Orchestra. The band is the modern iteration of Glenn Miller and his Orchestra, the great swing band of the late 1930s and early 1940s. The orchestra disbanded after Glenn Miller went missing while serving in World War II but formed again in […]
Last week the D.C. Circuit issued United States v. Otunyo, in which the panel (Rao, Walker, Ginsburg) affirmed the conviction of appellant Otunyo for bank fraud, aggravated identity theft, and conspiracy to launder money, for which he was sentenced to 90 months’ imprisonment. Otunyo’s lead argument was that Kastigar v. United States precluded the government […]
Last week the D.C. Circuit decided two COVID-related cases: Shawnee Tribe v. Yellen, involving a challenge to distributions of federal COVID-related aid, and Payne v. Biden, involving a challenge to President Biden’s executive order requiring executive branch employees to have the COVID-19 vaccine. The Shawnee Tribe case was not the first time that the D.C. […]
The D.C. Circuit issued four decisions this week, all of which dismissed the claims before the Court at least partly on jurisdictional grounds. The two cases closest to the admin law heartland are ones where the litigants wanted to bring APA challenges but could not. In Federal Law Enforcement Officers Ass’n v. Ahuja, No. 21-5266 […]
When he was a member of the D. C. Circuit, then-Judge John Roberts commented on a unique feature of the court and a problem that presented: “[A]ll the D. C. Circuit judges are in the same building, along with all the district court judges. This allows the circuit judges the unique opportunity of sitting down […]
The D.C. Circuit has been good to its Washington neighbors lately, awarding victories to the federal agency/officer in four of the five opinions it issued last week. In Midwest Ozone Group v. EPA, EPA’s Cross-State Air Pollution Rule Update was back before the Court following a remand and revision. Professor Nielson profiled the remand in […]
The D.C. Circuit issued four opinions last week, and the lesson is to remember to file in the right place at the right time. The first opinion concerns a private right of action under the Rehabilitation Act, and the remaining three each rejects the respective appellants’ claims as filed too late, too early, in the […]
If you’ve been waiting for a Miller Act case, I’m happy to say, wait no longer. In United States v. Hirani Engineering & Land Surveying, PC, the Court, in an opinion by Judge Rogers, reminded us to construe the Act liberally “‘in order properly to effectuate the Congressional intent to protect those whose labor and […]
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 […]
With Christmas season behind us, my children have found one way to keep the spirit alive through the long, cold winter nights that lie ahead: by continuing to demand The Twelve Days of Christmas as their bedtime song. You might think this would grow old, even for my toddler, but they keep the excitement up […]
The D.C. Circuit opened 2023 with what could turn out to be the slowest week of the year. The court issued no opinions. It heard no oral arguments. And it issued only two brief unpublished judgments. I don’t begrudge the judges, clerks, and court staff their rest. But I must say it would’ve been helpful, […]
Happy New Year! As 2023 begins, let’s look back at last year and review D.C. Circuit Review—Reviewed. It was a busy year at the D.C. Circuit, except when it wasn’t (see here, here, here, and here, and here too. Also here. I could cite more silent weeks from the D.C. Circuit, if you’d like. We […]
Last week the en banc D.C. Circuit issued a per curiam order denying rehearing in Citizens for Responsibility and Ethics in Washington v. Federal Election Commission (CREW II), 993 F.3d 880 (D.C. Cir. 2021), accompanied by a concurring opinion authored by Judge Rao (and joined by Judges Henderson, Katsas, and Walker), and a dissenting opinion […]
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 […]