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Administrative Law

Misstep in Environmental Regulation? - Podcast

Environmental Law & Property Rights Practice Group Podcast
Theodore Hadzi-Antich January 16, 2015

The Environmental Protection Agency (EPA) is required by the 1978 Environmental Research, Development, and Demonstration Authorization Act to submit all proposed regulations to the federal Science Advisory Board (SAB) for peer review. However, in 2011 the EPA issued regulations establishing greenhouse gas emission and fuel efficiency standards both for cars and for medium- and heavy-duty vehicles (the Car Rule and the Truck Rule) without submitting either proposed rule to the SAB. On Friday, January 9, the D.C. Circuit Court of Appeals heard oral arguments in a consolidated case that will determine the legal remedy for these alleged violations of administrative procedure. Ted Hadzi-Antich of the Pacific Legal Foundation argued the case before the D.C. Circuit Court, and he discussed the case and the oral arguments on a live Teleforum conference call.

  • Theodore Hadzi-Antich, Senior Staff Attorney, Pacific Legal Foundation

The Administrative State: Within the Bounds of Law? - Event Audio/Video

17th Annual Faculty Conference
Michael S. Greve, Philip A. Hamburger, Kristin E. Hickman, Richard Pierce, John O. McGinnis January 12, 2015

This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

Panel: The Administrative State: Within the Bounds of Law?
9:30-11:15 am

  • Prof. Michael Greve, George Mason University School of Law
  • Prof. Philip Hamburger, Columbia Law School
  • Prof. Kristin Hickman, University of Minnesota Law School
  • Prof. Richard Pierce, The George Washington University School of Law
  • Moderator: Prof. John McGinnis, Northwestern University School of Law

Washington, DC
January 4, 2015

Amtrak and the Non-Delegation Doctrine in the Supreme Court - Podcast

Litigation Practice Group Podcast
C. Frederick Beckner December 10, 2014

Congress passed the Passenger Rail Investment and Improvement Act (PRIIA) in 2008. Section 207 of PRIIA requires the Federal Railroad Administration and Amtrak to “jointly develop” the metrics and standards for Amtrak’s performance that are used by the Surface Transportation Board to trigger the investigation of private freight railroads for failing to provide preferences for Amtrak passenger trains (as required by federal law) if Amtrak fails to meet the standards. Is PRIIA Section 207 an unconstitutional delegation of legislative power to a private entity? The D.C. Circuit said yes, concluding that the statute is the functional equivalent of granting General Motors the authority to write regulations covering its industry rivals. Will the Supreme Court agree and breathe life into the rarely invoked non-delegation doctrine? Our expert attended the oral argument on Monday, December 8, and offered his impressions to a Teleforum audience.

  • C. Frederick Beckner, III, Partner, Sidley Austin LLP

Amtrak and the Resurgence of the Non-Delegation Doctrine? - Podcast

Administrative Law & Regulation Practice Group Podcast
Ronald A. Cass, Michael E. Herz, Brian Callanan December 05, 2014

Congress passed the Passenger Rail Investment and Improvement Act (PRIIA) in 2008. Section 207 of PRIIA requires the Federal Railroad Administration and Amtrak to “jointly develop” the metrics and standards for Amtrak’s performance that are used by the Surface Transportation Board to trigger the investigation of private freight railroads for failing to provide preferences for Amtrak passenger trains (as required by federal law) if Amtrak fails to meet the standards. Is PRIIA Section 207 an unconstitutional delegation of legislative power to a private entity? The D.C. Circuit said yes, concluding that the statute is the functional equivalent of granting General Motors the authority to write regulations covering its industry rivals. The Supreme Court will have a chance to consider the question in Department of Transportation v. Association of American Railroads, scheduled to be heard on December 8, 2014. Our experts discussed the case and previewed the oral arguments.

  • Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC
  • Prof. Michael E. Herz, Arthur Kaplan Professor of Law, Co-Director, Floersheimer Center for Constitutional Democracy, Benjamin N. Cardozo School of Law
  • Moderator: Brian Callanan, Associate, King & Spalding

Without Standing, Are We All Sitting Ducks? - Event Video

2014 National Lawyers Convention
Jonathan H. Adler, Amanda Cohen Leiter, Robert N. Weiner, Patrick Wyrick, A. Raymond Randolph, Eileen O'Connor November 17, 2014

For a federal court to consider an issue, there must be a case or controversy, and the parties before the court must have standing, i.e., a stake in the outcome of the decision.  While standing is important in our system of justice, the courts are not the only avenue for relief (the ballot box, theoretically, being another).  This panel will explore the history, development and current status of standing doctrine in regulatory litigation, with particular focus on the extent to which standing and related justiciability requirements have come to serve as a shield against meaningful judicial review of agency actions.

The Federalist Society's Administrative Law & Regulation Practice Group presented this panel on "Without Standing, Are We All Sitting Ducks?" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
  • Prof. Amanda Cohen Leiter, Associate Professor of Law, American University Washington College of Law   
  • Mr. Robert N. Weiner, Partner, Arnold & Porter LLP
  • Mr. Patrick Wyrick, Solicitor General, State of Oklahoma
  • Moderator: Hon. A Raymond Randolph, U.S. Court of Appeals for the D.C. Circuit
  • Introduction: Hon. Eileen O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP; and Chairman, Administrative Law & Regulation Practice Group

Mayflower Hotel
Washington, DC