David S. Tatel
Judge Tatel no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tatel decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He polices the boundary between overlapping agency jurisdictions with a strict clear-statement rule: one agency's authority does not silently repeal another's exclusive jurisdiction, and where two agencies assert conflicting claims neither receives deference.
“To be clear, there are limits to what comes within CEA section 2(a)(1)(A)'s orbit, but once a scheme crosses the statute's event horizon, the CFTC has exclusive jurisdiction.”
He reads remedial statutes to serve their protective purpose over a narrower literal gloss -- when a word like 'daily' or a phrase like 'otherwise make unavailable' carries a plain protective meaning, that meaning controls.
“For the foregoing reasons, we remand to the district court with instructions to vacate EPA's approvals.”
Procedural preferences
He enforces finality and jurisdictional limits rigorously before reaching any merits: a non-final agency order, an unconsummated decisionmaking process, or a disciplinary referral that fixes no rights is dismissed for want of jurisdiction rather than reviewed.
“For the foregoing reasons, the appeal is dismissed.”
Cautions
He holds agencies to their own reasoning: a decision that departs from the agency's established precedent, or rests on a rationale the record does not actually support, cannot stand and will be vacated or remanded even where the court might ultimately defer.
“Finding no retroactive ratemaking, we deny the portion of IDACORP's petition relating to OOM charges. But because we conclude that FERC's acceptance of CAISO's compliance filing was arbitrary and capricious, we grant IDACORP's petition in part.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because the Commission failed to reconcile its decision here with an earlier opinion on a related matter, we grant the petition and remand for further proceedings.”
“We have considered all petitioners' remaining arguments and, finding them without merit, we deny the petitions for review.”
“The petitions for review are denied.”
“Finding no retroactive ratemaking, we deny the portion of IDACORP's petition relating to OOM charges. But because we conclude that FERC's acceptance of CAISO's compliance filing was arbitrary and capricious, we grant IDACORP's petition in part.”
“For the foregoing reasons, we remand to the district court with instructions to vacate EPA's approvals.”
“For the foregoing reasons, we reverse the dismissal of Williams's habeas petition and remand to the district court for further proceedings consistent with this opinion.”
“We reverse the district court's dismissal for lack of subject matter jurisdiction and remand for further proceedings consistent with this opinion.”
“For the foregoing reasons, we affirm.”
“For the foregoing reasons, we grant the petition for review.”
“For the foregoing reasons, we grant the petitions for review and vacate the Deferral Rule.”
“For the foregoing reasons, we affirm.”
“We therefore affirm.”
A historical record
Judge Tatel no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.