Christopher Nestor

Christopher Nestor

K&L Gates LLP

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Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow...

Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the...more

3/20/2015 - Administrative Procedure Act Energy Sector Environmental Policies FLSA Interpretive Rule Labor Policies Notice and Comment Perez v Mortage Bankers Assoc SCOTUS Securities Statutory Interpretation

Is The “Functional Interdependence” Test Dead?

On May 30, 2014, the United States Court of Appeals for the D.C. Circuit vacated the Environmental Protection Agency’s (“EPA’s”) attempt to preserve an expansive view of what constitutes a single source of air emissions under...more

6/4/2014 - Appeals Clean Air Act EPA Functional Interdependence

U.S. Court of Appeals Orders the Nuclear Regulatory Commission to Resume Yucca Mountain Licensing Proceeding, Upholding Rule of...

On August 13, 2013, the U.S. Court of Appeals for the District of Columbia Circuit took the rare step of granting a Petition for Writ of Mandamus compelling the Nuclear Regulatory Commission (“NRC”) to resume the licensing...more

8/16/2013 - DOE Nuclear Power Nuclear Regulatory Commission Nuclear Waste

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

So-called “sue and settle” tactics are becoming an increasingly popular, problematic, and oftentimes successful litigation strategy used by pro-regulatory environmental groups. Because these groups, as well as regulators, are...more

4/8/2013 - Due Process EPA Greenhouse Gas Emissions Litigation Strategies Natural Gas Sue-and-Settle

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