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A new litigation office added in Waxman-Markey bill



Doing some idle word-searching in the latest, 1201-page version of the Waxman-Markey cap-and-trade-and-command-and-control bill, we plugged in the word "litigation." It takes us to Section 198, the Office of Consumer Advocacy, amending 319 of the Federal Power Act, which regulates utilities and natural gas companies.

The earlier version of H.R. 2554 also created the advocacy office (in Section 194). But THIS is a new creation (starting on page 291):

The Office of Administrative Litigation within the Commission shall be incorporated into the Office of Consumer Advocacy.

''(2) DIRECTOR.--The Office shall be headed by a Director to be appointed by the President by and with the advice and consent of the Senate from among individuals who are licensed attorneys admitted to the Bar of any State or of the District of Columbia and who have experience in public utility proceedings.

Etc.

So the proposed office of advocacy has expanded its role from advocacy to litigation, with the power to engage in investigations, file amicus briefs, advise and otherwise employ more government attorneys in Washington. More green jobs...

That's the only use of the term "litigation" in the bill we find. There may be synonyms.

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Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.