Saturday, March 03, 2007
Nebraska Supreme Court makes sure lawyers have enough work to do with administrative appeals; Parties to the Public Service Commission may appeal the Commission's failure to issue rules. Chase 3000, Inc. v. Nebraska Pub. Serv. Comm., S-05-935, 273 Neb. 133 Independent internet service providers sought rules from the Public Service Commission to require Qwest to make its networks more accessible to them. The PSC declined to issue the rules and the service providers appealed to District Court, the district court reversed the PSC decision not to act. The PSC challenged the District Court's assumption of jurisdiction, arguing that its decision not to make a rule was not appealable to the District Court. Although the Supreme Court rules in favor of the PSC and Qwest, it agrees that in the future parties who sought rules but did not get them will be able to appeal to district court. Add on top of that since 2003(§ 75-136, as amended by L.B. 187, effective date August 31, 2003) the appeals would go first to District Court instead of straight to the court of appeals. More layers of work, more lawyers, more fun.