Was FERC Off? 11 Ways to Benchslap-Proof Yourself

D.C. Circuit Judge Laurence Silberman recently benchslapped the government in the form of a one-sentence concurrence: “I wish FERC’s briefing was as clear as Judge Sentelle’s opinion.”

My first instinct was to stick up for the government here, but now that I’ve staged a showdown between the brief and the opinion, I’m ready to share lots of “Don’t Do This, Do That” tips.

Eleven Ways to Benchslap-Proof Yourself