Craig Metcalf

Craig Metcalf

February 06, 2013 | Inside Counsel

Regulatory: Do agencies have the power to determine the scope of their own jurisdiction?

In 1984, the Supreme Court dealt with the question of whether agencies have the power to construe the statutes they are assigned to administer.

By Craig Metcalf

9 minute read

January 23, 2013 | Inside Counsel

Regulatory: Patent office secrecy orders for commercial inventions may stifle development

In 1999, Congress passed the American Inventors Protection Act (AIPA), which provided, among other provisions, that U.S. patent applications would be published 18 months after filing.

By Craig Metcalf

5 minute read

January 09, 2013 | Inside Counsel

Regulatory: Making up the rules while the game is being played—<em>FCC v. Fox</em>

At the beginning of the 2012 NFL season the officials were on strike, and the NFL decided to use a group of replacement referees, who applied the rules of the game inconsistently or not at all.

By Craig Metcalf

4 minute read

December 26, 2012 | Inside Counsel

Regulatory: No regulation is sometimes the best option

When regulation is imposed there is almost always a corresponding discussion of its cost.

By Craig Metcalf

8 minute read

December 12, 2012 | Inside Counsel

Regulatory: Down the rabbit hole to EPA wonderland

On August 21, in in EME Homer City Generation, L.P. v. Environmental Protection Agency, the D.C. Circuit vacated the Environmental Protection Agencys (EPA) Transport Rules governing air pollution emissions, which travel across state boundaries.

By Craig Metcalf

9 minute read

November 28, 2012 | Inside Counsel

Regulatory: A little good news for the regulated in Sackett v. EPA

In a 9-0 ruling, the U.S. Supreme Court ruled in Sackett v. EPA that the Environmental Protection Agency (EPA) had violated due process rights in an enforcement proceeding brought under the Clean Water Act.

By Craig Metcalf

5 minute read