Tag Archives: Judge Judith W. Rogers

Weekend Review

Continue reading

Advertisements

Weekend Review

On Friday the  Supreme Court granted cert in a Voting Rights Act case from the D.C. Circuit, Shelby County v. Holder.  The grant came three days after the general election and three years after the Supreme Court raised, in the words of Judge Tatel’s majority opinion, “serious questions about the continued constitutionality of section 5.” Continue reading

D.C. Circuit Upholds EPA’s Greenhouse Gas Regulation

As predicted, the D.C. Circuit upheld yesterday the EPA’s finding that “greenhouse gas,” including carbon dioxide, is an “air pollutant” and the agency’s succeeding regulation of tailpipe emissions and stationary sources of greenhouse gas [pdf].  Continue reading

After 16 Years and 23 Published Opinions, D.C. Circuit Affirms Cobell Settlement

For an appellate panel whose decision will be known to posterity as Cobell XXIII, the prospect of preventing a two-dozenth published opinion must be tempting. (The district court was already describing this case in Jarndycian terms back in Cobell XX.) The D.C. Circuit yielded to the allure of finality yesterday when it upheld a $3.4 billion settlement in a class action brought 16 years ago by American Indians against the Secretary of the Interior for mismanagement of “Individual Indian Money” trust accounts. Continue reading

FDA May Get Burned by D.C. Circuit on Cigarette Warning Labels

Tuesday’s oral argument on the FDA’s proposed cigarette carton labels drew more attention than an ash tray in a D.C. restaurant.   Continue reading

NLRB Can Ignore Its Own Manual in Certifying a Union Election

In Hard Rock Holdings, LLC v. NLRB, the D.C. Circuit held on Friday that because the National Labor Relation Board’s Casehandling Manual is merely “staff guidance, not binding procedure,” the Board’s certification of a union election may stand despite two violations of the Manual. Continue reading

Supreme Court Could Decide Whether Retroactive Rulemaking Requires Express Statutory Authorization

[Update: The Supreme Court denied cert on Monday, November 7, 2011.]

At its conference tomorrow, the Supreme Court will consider whether to grant cert in a D.C. Circuit case only an admin lawyer could love: National Petrochemical & Refiners Ass’n v. EPA, No. 11-102 (S. Ct.). Continue reading