Litigation Practice
Issue Alerts
DC Circuit Reconfirms FERC’s Remedial Discretion
Howard Shapiro, Emily PitlickDecember 21, 2007
The U.S. Court of Appeals for the District of Columbia Circuit has strongly reconfirmed the enforcement and remedial discretion of the Federal Energy Regulatory Commission (“FERC”) in its decision, Consolidated Edison Co. of New York v. FERC. No. 06-1025, (D.C. Cir. Dec. 18, 2007). The court reemphasized that on judicial review it must defer to FERC’s reasonably explained decisions because “agency discretion is at its zenith” when the agency is fashioning remedies.
New Ethics and Lobbying Reform Legislation Signed Into Law
Jonathan SimonSeptember 24, 2007
President Bush signed into law comprehensive ethics and lobbying reform legislation that make important changes to the congressional rules governing the acceptance of gifts and travel expenses, as well as to internal congressional procedures relating to earmarks.
Federal District Court Declares Washington Tribes’ Treaty Fishing Right Requires the State of Washington to Refrain from Building or Operating Culverts that Block Fish Passage
Matthew Love, Ivy Anderson, Tyson KadeAugust 29, 2007
The U.S. District Court for the Western District of Washington issued a summary judgment order declaring that the Western Washington Tribes’ treaty right of taking fish imposes a duty upon the State of Washington to refrain from building or maintaining any culverts that block anadromous fish migration.