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 US Court of Appeals for DC

The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a discretionary basis by the Supreme Court. It should not be confused with the United States Court of Appeals for the Federal Circuit, which is limited in jurisdiction by subject matter rather than geography, or with the District of Columbia Court of Appeals, which is roughly equivalent to a state supreme court in the District of Columbia, established in 1970 to relieve the D.C. Circuit from having to take appeals from the local D.C. trial court.


While it has the smallest geographic jurisdiction of any of the United States courts of appeals, the D.C. Circuit, with eleven active judgeships, is arguably the most important inferior appellate court. The court is given the responsibility of directly reviewing the decisions and rulemaking of many federal independent agencies of the United States government based in the national capital, often without prior hearing by a district court. Aside from the agencies whose statutes explicitly direct review by the D.C. Circuit, the court typically hears cases from other agencies under the more general jurisdiction granted to the Courts of Appeals under the Administrative Procedure Act. Given the broad areas over which federal agencies have power, this often gives the judges of the D.C. Circuit a central role in affecting national U.S. policy and law. Because of this, the D.C. Circuit is often referred to as the second most powerful court in the United States, second only to the Supreme Court


A judgeship on the D.C. Circuit is often thought of as a stepping-stone for appointment to the Supreme Court. As of February 2016, three of the nine justices on the Supreme Court are alumni of the D.C. Circuit: Chief Justice John Roberts and Associate Justices Clarence Thomas and Ruth Bader Ginsburg. Justice Elena Kagan was nominated by Bill Clinton to the same seat that Roberts would later fill, but was never given a vote in the Senate. In addition, Chief Justices Fred M. Vinson and Warren Burger, as well as Associate Justices Wiley Blount Rutledge and Antonin Scalia, served on the D.C. Circuit before their elevations to the Supreme Court. In 1987, the Reagan Administration put forth two failed nominees from the D.C. Circuit: former Judge Robert Bork, who was rejected by the Senate, and former (2001–2008) Chief Judge Douglas H. Ginsburg (no relation to Ruth Bader Ginsburg), who withdrew his nomination after it became known that he had used marijuana as a college student and professor in the 1960s and 1970s.

Seal of the United States Court of Appeals for the Ninth Circuit
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updated Sun. November 14, 2021

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In April 2017, the U.S. Court of Appeals for the District of Columbia Circuit agreed to indefinitely postpone the proceedings to allow the new administration time to figure out what to do. "We're still thinking about it. We haven't quite figured out what we're going to do," said Wehrum, who formerly led the EPA ...
Idaho Power in February petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review a 2017 decision by the Federal Energy Regulatory Commission dismissing the utility's request that it exempt the three-dam Hells Canyon Complex from the Oregon law requiring fish passage as part of ...

The Justice Department will almost certainly appeal to the U.S. Court of Appeals for the District of Columbia Circuit. .... In the government's filings, a State Department official called the quick transfer "vital diplomatically to the United States" now that an unnamed third country has invoked its "sovereign ...
Issue: Whether, pursuant to United States v. Munsingwear, Inc., the Supreme Court should vacate the U.S. Court of Appeals for the District of Columbia Circuit's judgment and instruct that court to remand the case to the district court with directions to dismiss all claims for prospective relief regarding pregnant ...
In 2006, the U.S. Court of Appeals for the District of Columbia Circuit said industry could not write off changes that cost below a certain amount as routine maintenance and invalidated the rule. "If EPA embraced West Virginia's demands for a rollback, it would eviscerate this clean air program and boost ...
As noted in our earlier In Brief, the United States Court of Appeals for the District of Columbia Circuit in United Airlines 1 held that the 2005 Policy Statement on Income Tax Allowances 2 of the Federal Energy Regulatory Commission (FERC) had not been adequately supported and was arbitrary and ...

Idaho Power in February petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review a 2017 decision by the Federal Energy Regulatory Commission dismissing the utility's request that it exempt the three-dam Hells Canyon Complex from the Oregon law requiring fish passage as part of ...
Idaho Power in February petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review a 2017 decision by the Federal Energy Regulatory Commission dismissing the utility's request that it exempt the three-dam Hells Canyon Complex from the Oregon law requiring fish passage as part of ...
The U.S. Environmental Protection Agency (EPA) last week issued a notice of guidance affirming that it would adhere to a Court of Appeals ruling that limits its ability to regulate HFCs ... That rule was in effect invalidated by the decision last August of the Court of Appeals for the District of Columbia Circuit.
She was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980. President Clinton nominated her as an Associate Justice of the Supreme Court, and she took her seat August 10, 1993. Judge Algenon L. Marbley is a federal judge on the U.S. District Court for the ...
For example, under the George W. Bush administration, EPA crafted a rule changing the definition of "routine maintenance." In 2006, the U.S. Court of Appeals for the District of Columbia Circuit said industry could not write off changes that cost below a certain amount as routine maintenance and invalidated ...
“After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military,” Trump said. “Our military must be focused on decisive and overwhelming victory and cannot be ...
On March 6, 2018, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit or Court) issued an unsigned per curiam opinion, revising its July 2017 decision which struck down portions of the U.S. Environmental Protection Agency's (EPA) 2015 Definition of Solid Waste (DSW) Rule.
Second, FERC responded to the July 2016 decision of the US Court of Appeals for the District of Columbia in United Airlines v. FERC and announced a new Revised Policy Statement on Treatment of Income Taxes (Revised Policy Statement). The Revised Policy Statement does not allow master limited ...
Proving once again that technology moves much faster than the law, last Friday the United States Court of Appeals for the District of Columbia Circuit set aside two significant portions of the Federal Communications Commission's (FCC) 2015 orders governing its interpretations of the Telephone Consumer ...
Judges for the U.S. Court of Appeals for the District of Columbia Circuit grilled government lawyers on whether the National Environmental Policy Act requires Interior to revisit a decades-old analysis that underpins its coal leasing program. "Your notion of finality, with respect, makes no sense," Senior Judge ...
Powertech earned a U.S. Nuclear Regulatory Commission license — one of numerous regulatory approvals necessary for the project — in 2014. But the ... Meanwhile, the U.S. Court of Appeals for the District of Columbia is considering the Oglala Sioux Tribe's request for a review of the Nuclear Regulatory ...

The U.S. Court of Appeals for the District of Columbia heard oral arguments Tuesday. Attorney Jeffrey Parsons represents the Oglala Sioux Tribe. He argued that since the license has already been issued, Powertech could build its mine and destroy sacred tribal sites before they're even identified. "The tribe ...
... federal appeals court questioned whether he could legally run the Consumer Financial Protection Bureau while simultaneously heading the budget office. The United States Court of Appeals for the District of Columbia Circuit expressed support for the president's legal right to appoint an interim director of ...
The U.S. Court of Appeals for the District of Columbia Circuit said that 2015 regulations from the Federal Communications Commission could wrongly classify every smartphone as an autodialing device subject to anti-robocall fines. Those 2015 rules attempted to graft modern definitions onto a 1991 law ...
Both NJOY and Iowa Attorney General Tom Miller filed amicus briefs with the U.S. Court of Appeals for the District of Columbia. The briefs were filed in support of an appeal filed by another e-cigarette manufacturer, Nicopure Labs LLC, which previously sued the Food and Drug Administration (FDA) in 2016 ...
Justice Breyer with opinion in Class v. United States (Art Lien) ... an express waiver is absent is debatable. Here, when Class did appeal (now with appointed counsel), the U.S. Court of Appeals for the District of Columbia Circuit ruled that Class' guilty plea had implicitly waived his constitutional attacks.
“It is time for us to restore internet freedom,” FCC Chairman Ajit Pai, who dissented when the FCC adopted net neutrality under Democratic leadership in 2015, said at the time. Pai may ... Federal Communications Commission, 18-1055, in the U.S. Court of Appeals for the District of Columbia (Washington).
Greg Katsas, appointed to the U.S. Court of Appeals in December, served as deputy White House counsel before joining the court in December. ... Senate Judiciary Committee during his confirmation hearing to be a judge at the U.S. Court of Appeals for the District of Columbia Circuit, on Tuesday, Oct. 17, ...
... first year in office, the United States Court of Appeals for the District of Columbia Circuit handed down its highly-anticipated decision in PHH Corporation v. ... Moving forward, if this holding survives a possible appeal in the U.S. Supreme Court by the White House or from PHH Corp., this decision will likely ...
USA: The petition challenging the US Court decision to overturn bans on the usage of certain HFC refrigerants has been rejected. The United States Court of Appeals for the District of Columbia Circuit yesterday denied a petition brought by refrigerant manufacturers Chemours and Honeywell and the ...
But a December vote led by the Republican FCC Chairman Ajit Pai undid those rules, arguing that they thwarted industry investment. The attorneys general of the 22 states, whom are all Democrats, requested that the U.S. Court of Appeals for the D.C. Circuit review the FCC's decision to determine whether ...
New York Attorney General Eric Schneiderman, along with 20 other state attorneys general, filed a petition earlier this month at the U.S. Court of Appeals for the District of Columbia, kicking off the first major legal battle in the FCC's decision to repeal net neutrality rules. The attorneys general argued that the ...
(from left) U.S. Supreme Court Justices Elena Kagan, Sonia Sotomayor '79, Anthony Kennedy, Ruth Bader Ginsburg, and Clarence Thomas '74 all gave ... She was joined by Judge Brett M. Kavanaugh '90 of the United States Court of Appeals for the District of Columbia and by Judge Gary Feinerman of the ...
That set off a legal battle over who was really in charge of the CFPB, but U.S. District Judge Timothy Kelly sided with Trump, handing control of the bureau to Mulvaney. But English didn't give up, asking Kelly for a preliminary injunction that would have replaced Mulvaney with English at the CFPB.
The petition was filed in the US Court of Appeals for the District of Columbia Circuit. There is a 10-day window for filing lawsuits, but it's not always clear whether the deadline applies to the 10 business days after the FCC publishes an order on its website or to the 10 days after the order is published in the ...
While Trump has won every battle over the position in the courts so far, English continues to fight back. Just two days after a judge once again sided with Mulvaney, English filed an appeal to the U.S. Court of Appeals for the District of Columbia Circuit. She also requested an expedited view of her case.
WASHINGTON (Reuters) - An official who hopes to lead the Consumer Financial Protection Bureau on Friday took her fight to a U.S. appeals court, ... A federal court this week rejected English's argument, leading her to file a further challenge with the U.S. Court of Appeals for the District of Columbia Circuit.
In the Lucia case, the U.S. Court of Appeals for the District of Columbia upheld the practice, ruling in August 2016 that administrative judges are not constitutionally appointed officers because their decisions must be approved by SEC commissioners, or at least not overturned. That decision was reaffirmed ...
The decision overrules one from the United States Court of Appeals for the District of Columbia Circuit in favor of the partygoers. “A reasonable officer, looking at the entire legal landscape at the time of the arrests, could have interpreted the law as permitting the arrests here,” Thomas said. “There was no ...
The House won in U.S. District Court, but the Obama administration appealed to the U.S. Circuit Court of Appeals for the District of Columbia.
The U.S. Court of Appeals for the District of Columbia ruled in August that FERC should have considered greenhouse gas impacts when ...
The U.S. Court of Appeals for the District of Columbia Circuit agreed with the FCC Tuesday that Dish effectively controlled the entities that bid ...
... could remove the director for any reason, but that case now is being considered by the full U.S. Court of Appeals for the District of Columbia.
The U.S. Food and Drug Administration has designated 3 ... of the United States Court of Appeals for the District of Columbia ruled that the ...
... District of Columbia Circuit of the U.S Court of Appeals that same year. ... from the United States Court of Appeals for the District of Columbia ...
... the United States Court of Appeals for the District of Columbia Circuit. ... Today, while most laws and regulations in the U.S. can be searched ...
The U.S. Court of Appeals for the District of Columbia Circuit has ruled in favor of the city of Phoenix and its neighborhoods over the almost ...
The two-page "petition for review" was filed against the EPA and newly confirmed EPA Administrator Scott Pruitt and was lodged with the U.S. Court of Appeals for the District of Columbia Circuit. The final rule, which amends the Clean Air Act, was ...
The Alliance of Automobile Manufacturers filed a petition to overturn EPA's final determination with the U.S Court of Appeals for the District of Columbia Circuit on Monday. The trade group called the decision "arbitrary and capricious" and "beyond EPA ...
The Department of Justice and attorneys general from 11 states and the District of Columbia recommended the U.S. Court of Appeals for the District of Columbia uphold the decision to block Anthem's $54 billion merger with Cigna, according to a brief ...
The influential US Court of Appeals for the District of Columbia Circuit reached essentially the same conclusion in a different case.
The U.S. Court of Appeals for the District of Columbia Circuit told an Ethiopian-born U.S. citizen that he couldn't pursue legal action against the Ethiopian government for a malware attack.
Aside from the tribes' appeal to the U.S. Court of Appeals for the District of Columbia Circuit on the religion argument, the tribes in their lawsuit before Boasberg are arguing for more environmental study and for the government to recognize the ...
An appeals court has barred an Ethiopian-born U.S. citizen from filing a civil suit against the African country, which allegedly infected his computer with spyware and monitored his communications.


 

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