Administrative Procedures Act – Page 3

Kickapoo v. Texas Cert Petition

March 3, 2008March 7, 2008Matthew L.M. Fletcher1 Comment

The petition is here. This case concerns the validity of25 CFR Part 291, the procedures established by the Secretary of the Interior to act as a “Seminole fix.”

There is no serious chance the Court will grant cert in this case, unless the United States also files a petition. Even then, this is a likely case of first impression, a death knell for cert petitions.

Really, I should get out of the certiorari prediction business….

DC Circuit Vacates EPA Mercury Emissions — New Jersey v. EPA

February 9, 2008Matthew L.M. Fletcher1 Comment

Here is the opinion.

Here is a link to our previous post that included several briefs, including the tribal brief.

Congrats to the petitioners!

Challenge to EPA’s Mercury Rule — New Jersey v. EPA (CADC)

November 20, 2007November 20, 2007Matthew L.M. Fletcher1 Comment

The D.C. Circuit will hear oral argument in the challenge to EPA’s regulations applying to coal-fired plants, New Jersey v. EPA, on December 6, 2007. The panel includes Judges Rogers, Tatel, and Brown. The order on oral argument is here: D.C Circuit Order

Selected briefs are included below:

State Governments Opening Brief

Environmental Groups Opening Brief

Treaty Tribes Opening Brief

EPA Brief

Brief of States Supporting EPA

State Government Reply Brief

Environmental Groups Reply Brief

Treaty Tribes Reply Brief