Gibson Dunn has extensive experience challenging--and defending--regulations and other agency actions in court. Recent matters include:

• Chamber of Commerce v. U.S. Securities and Exchange Commission.  The United States Court of Appeals for the District of Columbia Circuit granted a petition for review of Gibson Dunn client Chamber of Commerce of the United States of America.  In granting the petition, the D.C. Circuit vacated two key provisions of the SEC's mutual fund governance rule.  The matter arose from the Commission's re-adoption of the two provisions just eight days after the court had declared them unlawful and remanded them to the Commission in June 2005.  (Gibson Dunn represented the Chamber in the earlier successful action as well.)  In response to the Commission's action, Gibson Dunn filed an emergency motion seeking a stay of the re-adopted rules.  The court granted a rare stay in response to the motion.  On the merits, the D.C. Circuit's decision adopted Gibson Dunn's argument that the SEC had violated the Administrative Procedure Act by relying extensively on evidence outside the administrative record, without providing for public comment.  The court vacated the challenged provisions but withheld its mandate for 90 days to permit the agency to respond.
• United States Telecom Ass'n v. FCC, 227 F.3d 450 (D.C. Cir. 2000). Represented a coalition of industry and privacy groups in successfully challenging an FCC rule that required expensive changes in the nation's telecommunications system to facilitate telephone surveillance by law enforcement agencies.  The court held that the FCC had violated constitutional and statutory limitations.
• Chamber of Commerce v. U. S. Department of Labor, 174 F.3d 206 (D.C. Cir. 1999).  Represented the U.S. Chamber of Commerce, National Association of Manufacturers, and six other trade associations in a suit that led to the invalidation of the largest enforcement program in OSHA's history.
• National Wildlife Federation, et al. v. Browner, No. 00-1258 (D.C. Cir.) (pending).  Gibson Dunn represents the pulp and paper industry in challenging the EPA's "Cluster Rule," the agency's first multi-media (air and water) rule addressing emissions limitations and pollution control technology for an entire industry sector.
• Trout Unlimited, et al. v. Babbitt, No. 99-CV-02143 CKK (D.D.C.).  A pro bono Endangered Species Act case challenging a 1997 decision by the Fish & Wildlife Service and the National Marine Fisheries Service to withdraw a proposal to list the Atlantic salmon as an endangered species in seven fishing streams located in the State of Maine.  As a result of the lawsuit, the Services reversed their withdrawal and decided in November 2000 to list these salmon populations as endangered.
• SDS International, Inc. v. United States, No. 00-609C (Fed. Cl. 2001). Represented an Air Force contractor in successfully defending a major contract by the Air Force Air Combat Command.
• In California state court, we are successfully defending a $1 billion telecommunications contract, one of the largest state contract awards in the history of California, against a challenge which contends that notice and comment rulemaking applies to state procurement actions.

As noted, in matters of this nature our administrative lawyers call as needed on the expertise of the firm's Appellate and Constitutional Law Practice Group.