"Agency vs. Agency," and Other Problems of Overlapping Jurisdiction

Administrative Law and Regulation Practice Group Teleforum
Start : Monday, November 26, 2012 01:00 PM
End : Monday, November 26, 2012 02:00 PM

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Conference Call

Featured Speakers:
Steven G. Bradbury
Adam J. White


We tend to think of administrative law in terms of "one issue, one agency."  But often Congress delegates to several agencies responsibility over a single subject.  It might do so intentionally, but sometimes this occurs unintentionally, when a new statutory program collides with an old one.  And so, for example, we currently are witnessing two independent agencies -- the Federal Energy Regulatory Commission and the Commodity Futures Trading Commission -- litigating against one another in federal court, on the question of which agency has jurisdiction to enforce market-manipulation laws. These cases raise difficult issues of presidential power, congressional responsibility, and judicial review. What are the consequences of this dynamic?  What does it mean for the unitary executive?


  • Mr. Steven G. Bradbury, Partner, Dechert LLP
  • Mr. Adam White, Counsel, Boyden Gray & Associates

Call begins at 1:00 p.m. Eastern Time.

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