FREE In-Person CLE Course: Crafting and Using Effective Agency Dissents

Event Date: Tuesday, October 18, 2022

Time: 12:00 pm ET

Location: NCLA Headquarters, 1225 19th St NW, Suite 450 Washington, DC, 22036

Admission: Free

Credits: 1 hour of general CLE credit

Event Description:

Crafting and Using Effective Agency Dissents will feature a conversation between Ajit Pai, former Chairman of the Federal Communications Commission (FCC); Nancy Nord, former Chairman of the Consumer Product Safety Commission (CPSC); and Commissioner James Danly of the Federal Energy Regulatory Commission (FERC).

Moderated by Mark Chenoweth, President and General Counsel of NCLA and former Legal Counsel at the CPSC, our expert panel will discuss the proper roles of agency commissioners when they are in the political minority, including the duty to craft effective dissents to the unlawful or unwise actions taken by the majority. The panel will review the text of past agency dissents to discuss how they send appropriate signals to practitioners hoping to challenge the agency’s action, Congressmen looking to rein in the action, and future chairmen looking to change the agency’s course.

Learning Objectives:

  • Understand the proper role of an agency commissioner in the minority
  • Explore the need to signal practitioners, Congress, and even future chairmen with a dissenting opinion

Your Expert Speakers:

Ajit Pai, former Chairman of the FCC
Ajit Pai was sworn in as a commissioner of the FCC in May 2012. He was elevated to chairman in February 2017, where he served until January 2021. During the five years prior to becoming a commissioner, Pai served in multiple positions at the FCC, including Deputy General Counsel, Associate General Counsel, and Special Advisor to the General Counsel. Prior to joining the FCC, Pai spent time at the Department of Justice, as a partner at Jenner & Block, and as Associate General Counsel at Verizon.

Nancy Nord, former Chairman of the CPSC
Nancy Nord was a commissioner of the CPSC and, from July 2006 to June 2009, its acting chairman. Before joining the CPSC, Nord was the Director of Federal Government Relations for the Eastman Kodak Company. Previously, she served as general counsel to the Council on Environmental Quality at the White House, an attorney at the FCC, and Republican Counsel to the U.S. House of Representatives Commerce Committee.

Commissioner James Danly, FERC
James Danly was nominated Commissioner at the FERC on February 12, 2020, and confirmed as a Commissioner by the Senate on March 12, 2020. Danly served as Chairman of the FERC from November 5, 2020 to January 21, 2021. He had formerly served as general counsel to FERC, and prior to joining the Commission, he was a member of the energy regulation and litigation group at Skadden, Arps, Slate, Meagher and Flom LLP.

Mark Chenoweth, President and General Counsel of NCLA
Mark Chenoweth currently serves President and General Counsel of the New Civil Liberties Alliance. Before NCLA, Chenoweth served as Chief of Staff for Congressman Mike Pompeo, as well as legal counsel to Commissioner Anne Northup at the CPSC. Chenoweth also served as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice.

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