CFTC sent back home to do its homework.    The District Court tossed the position limits ruling.  Don’t get me wrong.  I really feel for the gauntlet that the CFTC has been put through in terms of getting out new rules.  But the District Court found that the organic legislation did not give the CFTC the authority to establish limits without finding that the rule is “necessary and appropriate.”  In other words, “Go back and do more homework.”

“U.S. District Judge Robert Wilkins in Washington today ruled that the 2010 Dodd-Frank Act is unclear as to whether the agency was ordered by Congress to cap the number of contracts a trader can have in oil, natural gas and other commodities without first assessing whether the rule was necessary and appropriate.”

More info available here.