JD Supra

In Rawat, DC Circuit construes the Code and regulations without deference, providing an example of statutory and regulatory construction for our post-Loper Bright world

On July 23, 2024, the United States Court of Appeals for the District of Columbia Circuit (Court of Appeals) released a decision in Rawat v. Commissioner (available here). The case considers whether ...
JD Supra

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under ...
Law

Which Federal Appeals Courts Grant Oral Argument the Most and Least Often?

Oral argument rates among the circuits may be affected by the types of cases they hear. For example, the D.C. Circuit, with the highest rate, often weighs complex administrative law issues best ...
Law

‘Constitutional Concerns’: DC Circuit Denies Newman’s Suspension Appeal but Questions Precedent

The appeals court said it was bound by its 2001 precedent that stripped it of jurisdiction over the 98-year-old Federal Circuit judge’s lawsuit targeting her suspension under the 1980 Judicial Conduct ...
Reason

Why Did the D.C. Circuit Make It More Difficult to Find Opinions? -- Redux [UPDATED]

Last fall, I noticed that the U.S. Court of Appeals for the D.C. Circuit had redesigned portions of its website, creating a new opinions portal. Alas, as I noted at the time, the new portal actually ...