Provided by the APPA
On Monday, May 16, the D.C. Circuit issued an order on its own motion, rescheduling the oral argument in the Section 111(d) case from June 2 and 3, 2016, to Tuesday, September 27, 2016, before all of the judges on the D.C. Circuit, not just a three-judge panel. The granting of en banc review by the D.C. Circuit is very rare, and the fact that the court did this on its own accord shows the significance of the case. Overall, we believe this is a positive development.