Supreme Court to Tackle Who Can Sue Agencies Where and for What
This morning the Supreme Court denied certiorari in a case asking the justices to revisit Humphrey’s Executor. Do not think for a moment that this means we are not in for a significant administrative law term. There are some potentially big cases in the pipeline, and the Court has quite a few cases this term that deal with important, if not headline-grabbing, administrative law questions.
In today’s order list the Court accepted certiorari in multiple cases concerning the interpretation and application of the Clean Air Act’s venue provisions. This means the Court now has four administrative law cases this term concerning where certain types of claims against federal agencies can be filed, and who can file them. Here’s a quick rundown.
First, in Nuclear Regualtory Commission v. Texas the Court will consider whether parties who did not participate in the relevant administrative proceeding may challenge an agency order for exceeding the agency’s statutory authority under the Hobbs Act. The U.S. Court of Appeals for the Fifth Circuit said yes (and subsequently held that the NRC lacks the delegated authority to permit temporary off-site storage of nuclear waste).
Next, in FDA v. R.J. Reynolds Vapor Co. the Court will consider the question “Whether a manufacturer may file a petition for review in a circuit (oth
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