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Bloomberg L.P. v. United States Commodity Futures Trading Commission

MOTION for Preliminary Injunction

35 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,636 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  2. Washington Metro. Area, Etc. v. Holiday Tours

    559 F.2d 841 (D.C. Cir. 1977)   Cited 742 times   1 Legal Analyses
    Holding that, "[w]ithout such a substantial indication of probable success, there would be no justification for the court's intrusion into the ordinary processes of administration and judicial review"

  3. Philip Morris USA Inc. v. Scott

    561 U.S. 1301 (2010)   Cited 43 times
    Holding that the irrevocable loss of “a substantial portion” of a more than $250 million judgment was sufficient to constitute irreparable harm

  4. Ass'n of Private Sector Coll. & Univs. v. Duncan

    681 F.3d 427 (D.C. Cir. 2012)   Cited 107 times   3 Legal Analyses
    Holding that an agency may not "reinterpret regulation in a way the text does not support"

  5. TiVo, Inc. v. EchoStar Commc'ns Corp.

    516 F.3d 1290 (Fed. Cir. 2008)   Cited 81 times   1 Legal Analyses
    Holding that the a patent's reference to two "components" combined into a "stream" clearly evidenced the singular from of the word "stream"

  6. CSX Transportation, Inc. v. Surface Transportation Board

    584 F.3d 1076 (D.C. Cir. 2009)   Cited 67 times
    Holding that a final rule "violates the APA's notice requirement where ‘interested parties would have had to divine [the agency's] unspoken thoughts’ " (alteration in original) (quoting Int'l Union, United Mine Workers of Am. v. Mine Safety & Health Admin. , 407 F.3d 1250, 1259–60 (D.C. Cir. 2005) )

  7. Chamber of Commerce v. Sec. and Exch. Com'n

    412 F.3d 133 (D.C. Cir. 2005)   Cited 66 times   4 Legal Analyses
    Holding that, even when the SEC has difficulty in determining the cost of compliance of a proposed rule, and it can determine only the range within which the cost of compliance will fall, this "does not excuse the Commission from its statutory obligation to determine as best it can the economic implications of the rule it has proposed"

  8. International Union, United Mine Workers of America v. Mine Safety & Health Administration

    407 F.3d 1250 (D.C. Cir. 2005)   Cited 59 times
    Finding notice insufficient where final rule is " ‘surprisingly distant’ from the proposed rule" (quoting Ariz. Pub. Serv. Co. v. EPA , 211 F.3d at 1299 )

  9. Northeast Maryland Waste Disposal v. E.P.A

    358 F.3d 936 (D.C. Cir. 2004)   Cited 59 times   1 Legal Analyses
    Holding that the EPA responded adequately to members of the municipal waste combustor industry who submitted comments complaining about the high costs associated with regulating pollutants produced by municipal waste combustor units

  10. Independent Petroleum Association v. Babbitt

    92 F.3d 1248 (D.C. Cir. 1996)   Cited 74 times   1 Legal Analyses
    Holding that Department of the Interior's interpretation of a rule was unreasonable because it "constitute[d] an unexplained departure" from the agency's prior adoption of a Fifth Circuit decision

  11. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   146 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  12. Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

    7 U.S.C. § 2   Cited 511 times   54 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

  13. Section 1a - Definitions

    7 U.S.C. § 1a   Cited 323 times   63 Legal Analyses
    Defining "excluded commodity" under Commodity Exchange Act

  14. Section 6 - Regulation of futures trading and foreign transactions

    7 U.S.C. § 6   Cited 264 times   12 Legal Analyses
    Prohibiting futures trades outside contract markets

  15. Section 6a - Excessive speculation

    7 U.S.C. § 6a   Cited 42 times   6 Legal Analyses
    Stating that CFTC has authority to proclaim and fix position limits “from time to time” “as the Commission finds are necessary to diminish, eliminate, or prevent [excessive speculation].”

  16. Section 19 - Consideration of costs and benefits and antitrust laws

    7 U.S.C. § 19   Cited 17 times

    (a) Costs and benefits (1) In general Before promulgating a regulation under this chapter or issuing an order (except as provided in paragraph (3)), the Commission shall consider the costs and benefits of the action of the Commission. (2) Considerations The costs and benefits of the proposed Commission action shall be evaluated in light of- (A) considerations of protection of market participants and the public; (B) considerations of the efficiency, competitiveness, and financial integrity of futures

  17. Section 7b-3 - Swap execution facilities

    7 U.S.C. § 7b-3   Cited 2 times   5 Legal Analyses

    (a) Registration (1) In general No person may operate a facility for the trading or processing of swaps unless the facility is registered as a swap execution facility or as a designated contract market under this section. (2) Dual registration Any person that is registered as a swap execution facility under this section shall register with the Commission regardless of whether the person also is registered with the Securities and Exchange Commission as a swap execution facility. (b) Trading and trade

  18. Section 7a-1 - Derivatives clearing organizations

    7 U.S.C. § 7a-1   Cited 2 times   1 Legal Analyses

    (a) Registration requirement (1) In general Except as provided in paragraph (2), it shall be unlawful for a derivatives clearing organization, directly or indirectly, to make use of the mails or any means or instrumentality of interstate commerce to perform the functions of a derivatives clearing organization with respect to- (A) a contract of sale of a commodity for future delivery (or an option on the contract of sale) or option on a commodity, in each case, unless the contract or option is- (i)

  19. Section 39.13 - Risk management

    17 C.F.R. § 39.13   Cited 1 times   1 Legal Analyses

    (a)General. A derivatives clearing organization shall ensure that it possesses the ability to manage the risks associated with discharging the responsibilities of the derivatives clearing organization through the use of appropriate tools and procedures. (b)Risk management framework. A derivatives clearing organization shall have and implement written policies, procedures, and controls, approved by its board of directors, that establish an appropriate risk management framework that, at a minimum,

  20. Section 43.2 - Definitions

    17 C.F.R. § 43.2   1 Legal Analyses

    (a)Definitions. As used in this part: Appropriate minimum block size means the minimum notional or principal amount for a category of swaps that qualifies a swap within such category as a block trade or large notional off-facility swap. As soon as technologically practicable means as soon as possible, taking into consideration the prevalence, implementation, and use of technology by comparable market participants. Asset class means a broad category of commodities including, without limitation, any