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The petition of the day is: Total Gas & Power North America, Inc. v. Federal Energy Regulatory Commission 17-975 Issue: Whether forcing an entity to defend claims for civil liability and penalties in an ultra vires agency proceeding, when “exclusive jurisdiction” of those claims lies in federal district...

When a widespread industry practice comes under regulatory scrutiny, companies that end up in the crosshairs sometimes fall back on the “everyone does it” defense. This argument has an intuitive appeal in the consumer-protection context—consumers are presumably aware of practices that are common across an...