Category: Appellate procedure

Appellate procedure

Evading Creatively accommodating the D.C. Circuit’s word limits

Well, this is a new one—to us at least.  Four years ago, the Federal Rules of Appellate procedure lowered the number of words allowed in …

Read More →
Administrative law

Can an agency make a decision nonfinal by calling compliance voluntary?

Not if voluntary really means mandatory, said the D.C. Circuit this week.  No. 19-1248, Spirit Airlines, Inc. v. U.S. Dep’t of Transp. (May 21, 2021). …

Read More →
Administrative law

“Breeding closely related iguanas is not a good idea”

So held a panel of the D.C. Circuit on Friday.  Well, to be precise, the panel held that this intriguing determination of the U.S. Fish and …

Read More →
Appellate procedure

D.C. Circuit finds lack of substantial evidence—again

Courts rarely hold that agency decisions lack substantial evidence.  Or so goes the conventional wisdom.  And there’s something to it—see, for example, our recent post …

Read More →
Appellate procedure

D.C. Circuit issues (unintentionally?) dueling rulings on whether the finality of agency actions is jurisdictional

It’s common for the D.C. Circuit to say that the finality of agency action is not jurisdictional.  For example, it did so just last month—and …

Read More →