United States DC Circuit

In a challenge to defendant-FERC's orders to exempt communications between private "market monitors" and FERC decisional employees from the Sunshine Act's ban on ex parte communications, defendant's orders are vacated where they violate the clear mandate of the Sunshine Act.

Appellate Information

• Decided 12/10/2004
• Published 12/10/2004

Judges

• Before:  EDWARDS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert C. Fallon argued the cause for petitioner.   With him on the briefs were Larry F. Eisenstat, John Michael Adragna, Randolph Lee Elliott, and Scott H. Strauss.  Julie Simon entered an appearance.


• For Appellees:
  
• Robert H. Solomon, Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.