Greenhouse Gas Case Sparks Double Dissent from Denial of Rehearing En Banc

Today the D.C. Circuit denied rehearing en banc in the Greenhouse Gas case.  No surprise there.  The panel decision upheld the EPA’s finding that carbon dioxide is a pollutant and upheld the agency’s regulation of CO2 emissions. The original panelists signed Chief Judge Sentelle’s opinion concurring in the denial of rehearing, and Judges Brown and Kavanaugh each dissented.  Today’s dissenters are always worth a read, and these offerings are no exception. Continue reading

Reply: Political Question Answer to Recess Appointment Test

Ed. note:  In anticipation of the D.C. Circuit’s consideration of Noel Canning v. NLRB, Professor Victor Williams recently posted a thought-provoking defense of last January’s controversial recess appointments based on the political question doctrine.  I responded, arguing that the President’s recess appointment power is limited in a judicially reviewable manner by Article I, section 6, which gives to the House the power to prevent the Senate from recessing and to the Senate the power to decide what constitutes a recess.  The D.C. Circuit heard oral argument on December 5.  This is Professor Williams’s gracious rebuttal. Continue reading

Today’s Opinion: Court Upholds SSA’s Nondisclosure of Top Employers of Undocumented Workers

In a three-page opinion, Judge Kavanaugh followed the district court in upholding the Social Security Administration’s refusal to comply with a Freedom of Information Act request from an anti-corruption organization.   Continue reading

D.C. Circuit Mulls Challenge to NLRB Recess Appointments

From Sam Hananel’s account of today’s oral argument in the NLRB recess appointments case, it sounds like Victor Williams’s political question argument attracted some  attention–at least from Judge Griffith.   Continue reading

Today’s Opinions: FCC Data Roaming Rule and NLRB Discovery Order Upheld

Judge Tatel published two majority opinions this morning.  Continue reading

Wallach on Chevron Deference and “Muddling Through”

Philip A. Wallach (Brookings Institute) has successfully defended a dissertation entitled Contested Constraints: Regulatory Statutes in America’s Modern Administrative State (Princeton, Sept. 2012).

From the abstract: Continue reading

Chief Judge Sentelle to Take Senior Status

Chief Judge David Sentelle will be taking senior status on February 12, 2013, according to the U.S. Courts website.  Todd Ruger reports that the next judge in line to be Chief is Continue reading