A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew...more
In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more
12/24/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Citizen Suits ,
Clean Air Act ,
Climate Change ,
Coal Industry ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Spokeo v Robins ,
Statutory Interpretation ,
TransUnion LLC v Ramirez
Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated. While, of course, the election...more
9/12/2024
/ Administrative Interpretation ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
FERC ,
Loper Bright Enterprises v Raimondo ,
Popular ,
Presidential Elections ,
Rulemaking Process ,
Sustainability
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more
7/15/2024
/ Administrative Procedure Act ,
Alliance for Hippocratic Medicine v Food and Drug Administration ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Loper Bright Enterprises v Raimondo ,
Ohio v Environmental Protection Agency ,
Public Trust Doctrine ,
Regulatory Agenda ,
Sackett v EPA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation
On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Constitutional Challenges ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Statutory Interpretation ,
West Virginia v EPA
The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution. At stake is the determination of when, how, and under what...more
10/26/2023
/ Appeals ,
Compensation ,
Constitutional Challenges ,
Fees ,
Fifth Amendment ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Koontz v St John's River Water Management ,
Loper Bright Enterprises v Raimondo ,
Permits ,
Regulatory Takings ,
Relentless Inc v US Department of Commerce ,
SCOTUS