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National Law Journal

Post-'Chevron': Lower Court Fights Are Expected Over Ability to Challenge Pre-'Loper' Agency Rules

"I think we have a bit of uncertainty as to what happens as to prior adjudication that rested on Chevron," said Paul Hughes, of McDermott Will & Emery.
6 minute read

National Law Journal

Chevron's Demise Could Affect Agency Rulemaking Agendas, Say Law Professors, Regulatory Attorneys

"This is just another example of a court that is highly skeptical of power being exercised by administrative agencies," said Cary Coglianese, a University of Pennsylvania law professor.
3 minute read

National Law Journal

Supreme Court Overturns 'Chevron Deference' in Blow to Federal Agencies

The court's decision is a monumental victory for business groups who have railed against the "Chevron" doctrine as an unfair advantage enjoyed by federal bureaucrats in fights over regulations.
5 minute read

National Law Journal

Supreme Court Freezes EPA's 'Good Neighbor' Air Quality Plan

The Environmental Protection Agency "offered no reasoned response" to concerns that its method for designing a federal multistate plan would be inoperable once some states began to fall out of the plan, Justice Neil Gorsuch wrote for the majority.
5 minute read

National Law Journal

'Devastating Blow': Divided Supreme Court Says SEC Cannot Seek Fines In-House

Justice Sonia Sotomayor, in dissent, said court's broad reading of the Seventh Amendment right to jury trial could affect many federal agencies.
5 minute read

National Law Journal

Supreme Court to Rain Down Blockbusters in Race to Recess

The justices have announced they will issue decisions Wednesday, Thursday and Friday in what many expect to be the final days before the court breaks for summer recess, though it has in the past taken until the first week of July to complete its work.
14 minute read

National Law Journal

SEC Should Engage Public When Proposing Rules That Exceed Agency Expertise, Former Chair Says

"You need to be more and more careful about engagement the further afield from your expertise the rulemaking is," Jay Clayton said.
3 minute read

National Law Journal

EPA Wins Federal Court Challenge to Amended 'Waters of the United States' Rule

The North Carolina ruling is unlikely to influence other pending litigation challenging the agency's regulation, environmental lawyers said.
5 minute read

National Law Journal

Justices Will Clarify Federal Environmental Authority in Case Over Proposed Rail Line

The high court will decide whether the National Environmental Policy Act required the Surface Transportation Board to consider the effects of increased oil production anticipated by the rail line, though the STB has no regulatory authority over oil extraction and refinery operations.
5 minute read

National Law Journal

'Mixed Bag': 5th Circuit Sides With Christian-Owned Businesses in ACA Care Case, Lifts Nationwide Block

"Though this case concerns federal law and necessarily implicates concerns of nationwide uniformity, it does not fall into one of the narrow categories that we have previously identified as particularly appropriate for universal injunctive relief," the appeals court held.
4 minute read

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