DC Circuit: November 2010 Archives
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November 2010 Archives

Shieldalloy Metallurgical Corp. v. Nuclear Reg. Comm'n, No. 09-1268

Petition for Review of Nuclear Regulatory Commission's Order

In Shieldalloy Metallurgical Corp. v. Nuclear Reg. Comm'n, No. 09-1268, a petition for review of the Nuclear Regulatory Commission's (NRC) transfer of regulatory authority to New Jersey, that New Jersey's nuclear energy program was incompatible with the federal scheme and that the transfer of authority was arbitrary and capricious, the court granted the petition where the NRC should have explained how petitioner's decommissioning process could proceed under the New Jersey regime free of the interference and interruption sought to be avoided by the NRC's Criterion 25 and why the partial transfer was not an appropriate alternative arrangement.

 

Actavis Elizabeth LLC v. FDA, No. 10-5066

Petition for Review of FDA Order

In Actavis Elizabeth LLC v. FDA, No. 10-5066, a petition for review of the FDA's order that Vyvanse, a name-brand drug for the treatment of attention deficit hyperactivity disorder (ADHD), was entitled to five years of marketing exclusivity, the court affirmed summary judgment for defendants where 1) since lisdexamfetamine contained an amide bond, the FDA properly treated it as an "active moiety" of its own; and 2) given the complexity of the statutory regime, the court deferred to the agency's interpretation.

Salahi v. Obama, No. 10-5087

Guantanamo Bay Habeas Petition

In Salahi v. Obama, No. 10-5087, the government's appeal from the district court's grant of a Guantanamo Bay detainee's habeas petition, the court vacated the order where the court of appeals had issued several opinions that cast serious doubt on the district court's approach to determining whether an individual is "part of" al-Qaida.

Maine Pub. Util. Comm'n v. FERC, No. 06-1403

Petition for Review of FERC Order

Maine Pub. Util. Comm'n v. FERC, No. 06-1403, involved a petition for review of the Federal Energy Regulatory Commission's (FERC) approval of a settlement agreement that redesigned New England's electricity capacity market.  The court granted the petition where the FERC failed to address two issues concerning the application of the Mobile-Sierra doctrine.