Seth Davis

Jan 27, 2025 | yalejreg.com | Seth Davis

The D.C. Circuit published two opinions in the week of January 13th. Both involved FERC, and the more interesting of the two raised questions about standing doctrine. Industrial Energy Consumers of America v. FERC was the standing case. The petitioners, various organizations representing energy consumers, petitioned for review of FERC orders granting stage one approval of a public utility’s request for a type of rate incentive known an as abandonment incentive.

Dec 9, 2024 | yalejreg.com | Seth Davis

That’s the sound of a major opinion from the D.C. Circuit. Last week, in TikTok Inc. v. Garland, the Court of Appeals held that the Foreign Adversary Controlled Applications Act’s provisions about the TikTok platform do not violate the U.S. Constitution. The First Amendment issue got the most treatment. Judge Ginsburg, who wrote the majority opinion, which Judge Rao fully joined, assumed but did not hold that strict scrutiny would apply.

Oct 30, 2024 | yalejreg.com | Seth Davis

The D.C. Circuit published one opinion last week, which did not deal with administrative law. It did, however, deal with a high-profile issue: criminal prosecutions stemming from January 6. United States v. Griffin posed the question, what does it mean for a person to “‘knowingly enter[]’ the restricted safety zone [around the Vice President]” within the meaning of 18 U.S.C. § 1752.

Sep 18, 2024 | yalejreg.com | Seth Davis

The D.C. Circuit published an interesting standing opinion last week: Citizens for Constitutional Integrity v. Census Bureau. In an opinion by Judge Wilkins, joined by Chief Judge Srinivasan and Judge Childs, the court aimed to clarify when to relax the Article III standing test for a procedural rights claim.

Aug 2, 2024 | yalejreg.com | Seth Davis

The D.C. Circuit published eight opinions this week, including two on the Foreign Sovereign Immunities Act (here and here), one on standing to appeal a denial of a motion for class certification, another on the constitutionality of the Digital Millennium Copyright Act (spoiler alert: the facial challenges failed), and one on what I trust is rarely a contentious issue: a lawyer’s authority to represent a party.