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Law360 recently highlighted the role of Best Best & Krieger LLP (BBK) in a challenge to the Federal Communications Commission’s (FCC) new “direct final rule” procedure. BBK attorneys Cheryl Leanza, Gail Karish, Gerard Lederer, and Gregory Caffas represented a coalition of local governments and utilities who filed “adverse” comments opposing the policy.

In the filing, BBK, on behalf of its clients, argued that the process is too short, overly burdensome for the public, improperly delegates key decisions to FCC staff, and fails to meet the “good cause” exception under the Administrative Procedure Act. They also challenged the FCC’s use of this fast-track method to adopt the deregulatory policy itself, contending it should have gone through a full notice-and-comment rulemaking.

Read the full Law360 article here.

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