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Expert news coverage and analysis of administrative law for legal professionals
By Stephen A. Miller and Andrew D. Linz | March 1, 2024
The U.S. Supreme Court is currently considering its most consequential challenge to "the administrative state" in decades. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the petitioners are fishermen who challenged a specific regulation concerning a requirement to host observers on herring fishing boats.
6 minute read
By Jimmy Hoover | February 28, 2024
"I can't understand how anybody could think these two things could be treated differently," Justice Elena Kagan said of the similarity between traditional machine guns and bump-stock-modified rifles.
5 minute read
By John J. Fumero | February 28, 2024
Environmental groups that won the ruling cheered, while Florida developers and the DEP were left wondering what would happen next. Some residential projects seeking final permitting are on hold, as are those in the planning stages. Attorneys representing environmental, real estate and local government interests should review how future development projects may be altered or shelved.
6 minute read
By Chris O'Malley | February 28, 2024
With the new independent contractor standard, the U.S. Department of Labor is "essentially putting their thumb on the scale to encourage a finding of employment," Baker & Hostetler partner Todd Lebowitz said.
5 minute read
By Jimmy Hoover | February 21, 2024
The conservative justices express sympathy with the argument that the EPA failed to address potential legal defects in its effort to reduce gaseous pollutants.
4 minute read
By Steve Lash | February 20, 2024
A North Dakota convenience store contends filing clock begins when a regulation's harm is felt.
4 minute read
By Jimmy Hoover | February 20, 2024
The justices will consider the statute of limitations on challenging agency rules and federal environmental authority over states.
6 minute read
By ALM Staff | February 15, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Adolfo Pesquera | February 2, 2024
"If this was a criminal prosecution, which it to him feels like [that] I'm sure, what's your evidence of motive?" Justice Jeff Boyd asked.
5 minute read
By The Law Journal Editorial Board | February 2, 2024
If "Chevron" is overruled, there is the risk that there would be a wide disparity in the way hundreds of federal judges interpret a regulation of an agency.
5 minute read
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