®: CRE Regulatory Action of the Week
CPR on the Prime Time Decision
Professor Steinzor of Center for Progressive Reform has written a very informative interpretation of the Prime Time decision.
" … what any fair reading of the two cases reveals is, first, a huge boulder -the 4th Circuit opinion holding affirmatively that the IQA does not provide for judicial review-and second, a tiny pebble-the D.C. Circuit opinion throwing the company seeking relief under its provisions out of court because the statute does not apply to its circumstances. As any law professor (and I am one, so I'd know!) would instruct her students, the boulder dwarfs the pebble, however much one might wish to imagine a beeline between them."
Using the CPR metric, CRE's position might be re-stated as:
"A pebble on an aircraft carrier (DC Circuit) might well be viewed as boulder on a row boat (4th Circuit)"
Click here to read CPR statement
Click here to read CRE statement