The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more
8/1/2025
/ Constitutional Challenges ,
FCC ,
Government Agencies ,
Judicial Authority ,
Lifeline Program ,
Non-Delegation Doctrine ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation ,
Telecommunications ,
Universal Service Fund
Another major shift in the role of executive administrative agencies and congressional delegations of power to agencies may be on the way. ...more
Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more
7/3/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Government Agencies ,
Greenhouse Gas Emissions ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Regulatory Oversight ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Waters of the United States
In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
Every first-year law student learns two ways that a court can have jurisdiction over a corporate defendant. If the defendant has "minimum contacts" with a state, and the plaintiff's injuries arise out of those contacts, then...more
7/26/2023
/ Constitutional Challenges ,
Dormant Commerce Clause ,
Due Process ,
Foreign Corporations ,
General Jurisdiction ,
Interstate Commerce ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Registration Requirement ,
SCOTUS ,
Undue Burden