American Bar Association v. Federal Trade Commission
United States Court of Appeals for the District of Columbia Circuit
430 F.3d 457 (D.C. Cir. 2005)
Relevant factsFree
The FTC (defendant) claimed authority to regulate attorneys as "financial institutions" under the Gramm-Leach-Bliley Act's broad definition, which incorporated a list of financial activities that included real-estate and tax-preparation services; the ABA (plaintiff) sued to establish the FTC lacked authority to regulate the practice of law, and the district court granted the ABA summary judgment.
IssueFree
Whether a federal agency's regulatory power may be presumed from statutory language that does not expressly withhold specific regulatory power.
Related cases
Southern Utah Wilderness Alliance v. Dabney222 F.3d 819 (2000)Kansas City Power & Light Co. v. McKay225 F.2d 924 (1955)Rapaport v. United States Department of the Treasury, Office of Thrift Supervision59 F.3d 212 (1995)United States Department of the Treasury, Bureau of Engraving and Printing v. Federal Labor Relations Authority995 F.2d 301 (1993)Association of American Railroads v. United States Department of Transportation721 F.3d 666 (2013)