On June 21, 2018, the Supreme Court held that the Securities and Exchange Commission’s (SEC’s) Administrative Law Judges (ALJs) are “officers of the United States” whose appointments are therefore subject to the Appointments Clause of the Constitution for their actions to be valid. [1] This decision by the nation’s highest court naturally raises questions regarding the legitimacy of ALJs in other agencies of the federal government such as the Federal Energy Regulatory Commission (“FERC”). FERC’s ALJs, however, come to their positions in a manner different from that of the SEC and have a...

Vanessa Allen Sutherland just announced that she is resigning from the U.S. Chemical Safety and Hazard Investigation Board (CSB). President Barack Obama nominated Sutherland to be Chairperson, and she was confirmed in August 2015. Ms. Sutherland's resignation will be effective in June. During her three years as Chair, Ms. Sutherland helped the agency to close 12 incident investigations, and she was a tireless advocate for the importance of the Board's mission. The CSB investigates the root cause of industrial chemical incidents and advocates for the implementation of safety recommendations to...