Menu
Category: 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 …
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). …
“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 …
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 …
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 …
