In this episode, Douglas Lang and Booker T. Shaw are joined by Adrienne Clair to unpack core appellate litigation strategies with a focus on administrative law and federal appeals. Drawing on their years of experience as appellate judges and attorneys, the team dives into the nuances of agency actions and enforcement proceedings, specifically referencing the recent Supreme Court case, Nuclear Regulatory Commission v. Texas.

The conversation highlights error preservation as a critical appellate strategy, emphasizing how failing to raise certain arguments or seek additional review can bar parties from Supreme Court advocacy later on. The NRC case serves as a cautionary tale for both federal and state appeals, illustrating why litigants in administrative litigation must scrupulously follow procedural rules—especially when challenging agency actions.

Key Topics Discussed:

• Appellate strategy for federal agency actions, with a case study of NRC v. Texas
• Importance of error preservation in administrative litigation and appellate reviews
• Navigating enforcement proceedings and issues of standing in federal appeals
• How to protect client rights before administrative agencies and in administrative appeals
• Procedural pitfalls and missed opportunities highlighted by Supreme Court advocacy
• Key differences between federal appeals, state appeals, and administrative law proceedings
• Preview of future episodes addressing jury instructions, error preservation, and class action appeals