Interested in becoming move involved with the D.C. Circuit Court of Appeals? The Judicial Conference of the D.C. Circuit recently announced a vacancy on its Standing Committee on Pro-Bono Legal Services.
The role is for a 3-year term and will begin on July 1, 2012.
The Food and Drug Administration’s (FDA) graphic warning labels for cigarettes are not only bad for the tobacco business, they’re unconstitutional.
When the D.C. Circuit Court of Appeals considers an injunction against the new labels in April, it can also consider the latest ruling finding that the labels violate the First Amendment. The D.C. District Court ruled this week that the warnings violated the tobacco industry’s free speech rights without a compelling government interest.
One side thought it was helping to prevent driver fatigue and improve highway safety. The other side thought the action was overblown and unnecessary. Now, the tension over a government rule changing the hours-of-service regulations for commercial truck drivers may be headed to the D.C. Circuit Court of Appeals.
The Federal Motor Carrier Safety Administration recently published the rule reducing the maximum number of hours in a week a truck driver can work by 12. It also mandates a 30-minute rest period within every eight-hour work period. The impetus behind the rule change was to reduce crashes that occur due to fatigued drivers.
The D.C. Circuit Court of Appeal refused to review a direct appeal of a U.S. Commodity Futures Trading Commission rule on position limits on Friday.
Holding that neither the Commodity Exchange Act nor the Dodd-Frank law gave it the jurisdiction to consider a direct appeal, the court ruled that the petitioners must take the position limits rule to a trial court first.
“Initial review occurs at the appellate level only when a direct-review statute specifically gives the court of appeals subject-matter jurisdiction to directly review agency action,” the D.C. Circuit wrote. “There is no express congressional authorization of direct appellate review applicable to the petition for review in this case.”
Anyone who has purchased airplane tickets has likely gone through the shock of thinking they’ll pay one price and seeing another price at checkout. Usually, the culprit in the difference is government taxes and fees. The U.S. Department of Transportation (DOT) thinks you should know these costs upfront, while — unsurprisingly — several airlines think you shouldn’t.
<In the fight over controlling sticker shock for airline customers, several airlines - including Southwest, Spirit and Allegiant - have asked the D.C. Circuit Court of Appeals to throw out DOT regulations requiring them to include government taxes and fees in their advertised prices.
In a showing of a rarely-used federal appeals court power, the D.C. Circuit Court of Appeals placed a stay on the Environmental Protection Agency's Cross-State Air Pollution Rule (CSAPR), which targets power plant emissions that cross state lines.
The stay, which leaves an existing air pollution reduction program in place until the court can assess legal challenges to the rule, has been touted as "a pretty big deal" since the court rarely stays EPA rules.
"These three judges believed that there was a good likelihood that this rule was flawed in some way, and we know they wouldn't have issued the stay unless that were the case," Jeff Holmstead, an attorney for Bracewell & Guiliani LLP, told the Bureau of National Affairs.
The D.C. Circuit Court of Appeals issued a final notice this week announcing the adoption of amendments to Circuit Rule 35. The amendments will become effective on December 1, 2011.
The amendments affect the time limits for filing a petition for panel or en banc rehearing to conform to Federal Rule of Appellate Procedure 40.
In compliance with the D.C. Circuit's local rules, the court published the proposed amendment for public comment in September. No comments were received.
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An Environmental Protection Agency (EPA) air quality rule may be the next individual mandate.
The EPA finalized a new rule in July to reduce air pollution and attain clean air standards. The rule, called the Cross-State Air Pollution Rule (CSAPR), requires 27 states to reduce power plant emissions that contribute to ozone and/or fine particle pollution in other states.
Verizon Communications is reviving its challenge to the new Federal Communications Commission (FCC) net neutrality rules with an appeal to the D.C. Circuit Court of Appeals.
The circuit court dismissed Verizon’s lawsuit to block the rules in April, finding that Verizon filed prematurely because the FCC had not published the rules in the Federal Register, reports The Tech Journal. The issue is now ripe because the FCC officially published the rule last Friday; the rules are set to take effect on November 20.
