Four Decades of U.S. EPA Review and Continuous Federal Registration of Creosote

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For almost 70 years, coal tar-derived creosote has been federally registered for use as a wood preservative. During the past 40 years, the risks and benefits of creosote, like those of other major industrial wood preservatives, have been reevaluated by U.S. EPA in three successive and comprehensive review processes—Special Review, Reregistration Review, and currently, Registration […]

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How to Choose and Hire an Appellate Attorney

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So the case that you lost—or won—at the trial court level is going to be appealed. What now? If you have not already done so, you should select and engage an appellate attorney. Whom to choose and how to forge a successful relationship with that attorney often involves considerations that are specifically tailored to appellate

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Supreme Court 411 On Federal Agency 180

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Companies that do business in the United States continue to be justifiably concerned about the exploding number of onerous federal regulations that have been issued by Obama Administration departments and agencies. The Supreme Court’s March 9, 2015 decision in Perez v. Mortgage Bankers Association, No. 13-1041, unavoidably bolstered the Executive Branch’s seemingly free rein by

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Supreme Opinion on the Supremacy Clause

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Anyone interested in constitutional law or the subject of federal preemption of state law should read the Supreme Court’s recent opinion in Armstrong v. Exceptional Child Center, Inc., No. 14-15.  The Court held, in an opinion authored by Justice Scalia, that the Constitution’s Supremacy Clause, Art. VI, cl.2,  “creates a rule of decision” — courts “must not

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When Enough is Enough! How To Oppose a Cert Petition

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You’ve won your case in a federal court of appeals. Now the only hurdle between you and that long-awaited victory celebration is the certiorari petition that your opponent is sure to file.  This article discusses whether, when, and how to oppose a certiorari petition in the U.S. Supreme Court.

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The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend

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The United States can be a party’s best friend—or worst foe—when it enters an appeal as amicus curiae. My article for the DRI Appellate Advocacy Committee’s Certworthy newsletter provides attorneys with some practical guidance about interacting with the U.S. Department of Justice when it is engaged in the process of deciding whether to participate in an

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