REVIEW OR ENFORCEMENT OF AGENCY ORDERS - HOW
U.S. Court of Appeals for the Third Circuit
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OBTAINED; INTERVENTION 15.1 Brief and Argument in Enforcement and Review Proceedings In any enforcement or review proceeding with respect to an order or action of a federal agency or board, each party adverse to the agency or board is considered to be the petitioner(s) and the federal agency or board to be the respondent, solely for the procedural purposes of briefing and oral argument, unless the court orders otherwise. Nothing in this rule has the effect of changing or modifying the burden of the agency or board of establishing its right to enforcement. Source: 1988 Court Rule 26.1 Cross-references: FRAP 15 Committee Comments: The portions of prior Court Rule 26.1 that were repetitive of FRAP 15 have been deleted. This rule has been designed to expand the procedure which FRAP 15.1 limits to a single agency, the National Labor Relations Board, to encompass all federal administrative agencies.