Earl L. James v. Federal Energy Regulatory Commission

ORDER

The government has filed a petition for rehearing alleging that statements in the court’s opinion, reported at 747 F.2d 1581 (Fed.Cir.1984), inaccurately describe the review process before the Merit Systems Protection Board (board) as a two-step procedure. In the opinion, the court rejected the government’s argument that Mr. James was barred from raising certain issues on appeal because he had not asserted them in his petition for review before the board. The opinion reasoned that the pertinent regulation, 5 C.F.R. § 1201.115, provides only limited grounds for review and that litigants,…