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National Law Journal

With Help From 'Loper Bright,' San Francisco Says EPA Misreads Clean Water Act

The California city, locked in a legal battle with the federal agency over a permit for sewage discharge into the Pacific Ocean, invoked the Chevron deference-ending decision several times in its opening brief to the Supreme Court.
4 minute read

National Law Journal

Commissioner Holyoak Is Right: FTC Overreach Will Provoke Legal Challenges

Any regulations from the FTC report will likely face numerous hurdles—especially since those regulations will need to survive arbitrary and capricious review and a renewed skepticism of regulatory schemes generally, thanks to Chevron's overturn.
5 minute read

National Law Journal

'Ground Shifted': 6th Circuit Judge Doubts Chevron-Based Ruling Still Applies in Family Planning Case

Raymond Kethledge seemed doubtful of the Biden administration's argument that a 1991 U.S. Supreme Court decision that relied on Chevron remains binding precedent.
5 minute read

Litigation Daily

'Should I Sue?': Navigating the New APA Landscape With Latham's Phil Perry and Andrew Prins

With the Supreme Court handing down two blockbuster APA decisions at the end of last term, federal agencies and private companies are adjusting to the new lay of the land.
8 minute read

National Law Journal

Biden Administration Fights New Student Debt Relief Challenge at Supreme Court

Texas, Alaska and South Carolina seek an emergency order blocking the president's plan to reduce the percentage of discretionary income borrowers must spend on student debt repayment.
3 minute read

New Jersey Law Journal

Letter to the Editor: Response to Recent 'Chevron' Deference Piece

As a former DEP regulator and environmental advocate, I read with interest your editorial: "New Jersey's Experience Shows That 'Chevron' Deference Not Essential to the Administrative State."
2 minute read

National Law Journal

Divided DC Circuit Panel Rejects Brooklyn Hotel Operator's 'Unfair Labor Practice'

The majority opinion for the D.C. Circuit upheld a National Labor Relations Board administrative order, but Judge Neomi Rao in a dissenting opinion described the administrative order as "arbitrary and capricious and unsupported by substantial evidence."
3 minute read

National Law Journal

FTC Cautions Franchisors Against Imposing 'Unfair and Deceptive' Practices Against Franchisees

"Today the Commission is making clear that contractual terms prohibiting franchisees from reporting potential law violations to the government are unfair, unenforceable, and illegal," FTC Chair Lina Khan said.
4 minute read

National Law Journal

Service Member and Veteran Employment Protections for a New Era of Global Conflict

Lawmakers' attention should focus first on the most glaring weakness of the Uniformed Service Employment and Reemployment Rights Act—its enforcement structure, which is split among three federal agencies.
5 minute read

Law.com

Demise of Chevron Deference Likely Played a Major Role in Successful Title IX Challenges, Experts Say

"The fact that the Chevron challenge was pending during the briefing cycle, in effect, robbed the Department of Education of the ability to rely on Chevron in its briefs, which I think was important and made the department's case weaker than it otherwise would have been," Brooklyn College history and legal affairs professor KC Johnson said.
4 minute read

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