Circuit Rule 15: Petition for Review or Appeal from Agency Action; Docketing Statement
D.C. Circuit Rules — Title IV. Review or Enforcement of an Order of an Administrative Agency, Board, Commission, or Officer
(a) Service of Petition for Review. In carrying out the service obligations of FRAP 15(c), in cases involving informal agency rulemaking such as, for example, those conducted pursuant to 5 U.S.C. § 553, a petitioner or appellant need serve copies only on the respondent agency, and on the United States if required by statute, see, e.g., 28 U.S.C. § 2344.
(b) Intervention. For purposes of FRAP 15(d), a motion to intervene in a case before this court regarding review of agency action must be served on all parties to the case before the court. A motion to intervene in a case before this court concerning direct review of an agency action will be deemed a motion to intervene in all cases before this court involving the same agency action or order, including later filed cases, unless the moving party specifically states otherwise, and an order granting such motion has the effect of granting intervention in all such cases.
(c) Docketing Statement.
(1) Timing. As directed by the court, appellant or petitioner must file a docketing statement and serve a copy on all parties (including intervenors) and amici curiae appearing before this court at that time.
(2) Docketing Statement Form. The docketing statement must be on a form furnished by the clerk's office and contain such information as the form prescribes. In cases involving direct review in this court of administrative actions, the docketing statement must contain a brief statement of the basis for the appellant’s or petitioner’s claim of standing. This statement may include reference to arguments, evidence, or the administrative record supporting the claim of standing. See Sierra Club v. EPA, 292 F.3d 895, 900-01 (D.C. Cir. 2002). An incomplete docketing statement will be lodged, and the party submitting it will be directed to provide a conforming one.
(3) Provisional Certificate. Attached to the docketing statement must be a provisional certificate prepared by appellant or petitioner setting forth the information required by Circuit Rule 28(a)(1).
(4) Knowledge and Information. The docketing statement and the provisional certificate will be prepared on the basis of the knowledge and information reasonably available to appellant or petitioner at the time of filing.
(5) Errors in Docketing Statement. Any party or amicus curiae must bring any errors in the docketing statement or provisional certificate to the attention of the clerk by letter served on all parties and amici within 7 days of service of the docketing statement.
(6) Statement by Respondent, Appellee, Intervenor, or Amicus Curiae. Within 7 days of service of the docketing statement, a respondent or appellee must file with the court any statement required by Circuit Rule 26.1. Any disclosure statement required by Circuit Rule 26.1 must accompany a motion to intervene, a written representation of consent to participate as amicus curiae, or a motion for leave to participate as amicus.