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Administrative Procedure Act Judicial Review

Holland & Knight LLP

Post-Termination Landscape for Department of Energy Grant Projects

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Following the U.S. Department of Energy's (DOE) announcement of a new project review process in May 2025, the Office of Clean Energy Demonstrations (OCED) issued the first round of DOE grant terminations under the Trump...more

Wiley Rein LLP

Federal Court Vacates Portions of Local Television Ownership Rule

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On July 23, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated two aspects of the Federal Communications Commission’s (FCC or Commission) regulation restricting the number of television stations that one entity...more

Offit Kurman

Quick Guide to Administrative Hearings

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Join the Litigators Lounge with Offit Kurman’s Anders Sleight and Niall McMillan as they dive into the nuances of administrative proceedings versus typical civil court cases, focusing on the process, discovery limitations,...more

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

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The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

Wiley Rein LLP

Supreme Court’s McLaughlin Decision Creates Uncertainty for FCC Orders on the TCPA and Much More

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The U.S. Supreme Court’s recent decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. marks a sea change for judicial review of Federal Communications Commission (FCC) orders, and creates both risks and...more

Womble Bond Dickinson

United States Supreme Court Administrative Law Decisions of Note During the 2024-2025 Term

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In this update, we cover the most impactful Supreme Court cases related to administrative law issues decided during the 2024-2025 term. The Supreme Court decided important administrative law cases falling into these general...more

Troutman Pepper Locke

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

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On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the...more

Fox Rothschild LLP

CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling

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The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest. If a disappointed bidder files a protest with the Government...more

Husch Blackwell LLP

Trump Administration Seeks Supreme Court Stay of Democratic CPSC Commissioners’ Reinstatement After Losses in District Court and...

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On June 23, 2025, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland denied a motion by President Donald J. Trump and other officials (“Defendants”) to stay his order reinstating three Democratic...more

PilieroMazza PLLC

SVOG Grant Recipients Face Renewed Scrutiny: Understanding Your Appeal Rights When SBA Rescinds Prior Grant Approval

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Recently, the Small Business Administration (SBA) began issuing letters to recipients of grant funds under the $16.25 Billion COVID-era Shuttered Venue Operators Grant (SVOG) program, rescinding grant recipients’ eligibility...more

Blake, Cassels & Graydon LLP

Alberta Court Declares Ministerial Decision Under Oil Sands Royalty Regime Unfair and Unreasonable

In a judicial review, the Alberta Court of King’s Bench, in Imperial Oil Resources Limited v. Alberta (Minister of Energy), overturned decisions (Decisions) made by a delegate of the Minister of Energy, the Director of...more

Balch & Bingham LLP

5 Steps To Promote Durable, Pro-Industry Environmental Regs

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The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed...more

Troutman Pepper Locke

Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges

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On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more

Foley & Lardner LLP

The Supreme Court Reins in Agency Power Again: What McKesson Means for TCPA Litigation

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The Supreme Court recently signaled a further shift away from judicial deference to administrative rulings. The question of whether the Telephone Consumer Protection Act (TCPA or “the Act”) covers online faxes (think your...more

Troutman Amin LLP

A SHARP DISSENT: A Review Of The Dissent’s Take On The Supreme Court’s Ruling In McLaughlin.

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In McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., No. 23-1226, 2025 WL 1716136 (U.S. June 20, 2025), the Supreme Court determined that the Hobbs Act does not bind district courts in civil enforcement proceedings to...more

Davis Wright Tremaine LLP

Leveling—or Blowing Up—the Hobbs Act Playing Field?

The Administrative Order Review Act (better known as the "Hobbs Act") grants "exclusive jurisdiction" to the federal courts of appeals to "determine the validity" of most FCC orders and rules and certain other agency orders....more

Miles & Stockbridge P.C.

Bid Protests of State Procurements in the DMV - D.C. Procurements

This is part one of a three-part series discussing state-level bid protests in the DMV. For a contractor who just expended significant time and money to bid on a DMV state-level government contract, only to watch the...more

Womble Bond Dickinson

McLaughlin v. McKesson: Rebalancing the Scales Between Agency and Judicial Interpretation of the TCPA

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On June 20, 2025, the U.S. Supreme Court released a landmark opinion in McLaughlin Chiropractic Associates, Inc., v. McKesson Corp., further reshaping the scope of judicial review of agency action. ...more

Bradley Arant Boult Cummings LLP

Bid Protests in New Mexico

In New Mexico, vendors who compete for public contracts have legal recourse if they believe that a government solicitation or contract award was improper. The New Mexico Procurement Code provides a formal bid protest process...more

McDonnell Boehnen Hulbert & Berghoff LLP

MSN Laboratories Private Ltd. v. Bausch Health Ireland Ltd. (Fed. Cir. 2025)

As has been noted recently (Agilent Technologies, Inc. v. Synthego Corp.), fact-based decisions from the U.S. Patent and Trademark Office (typically from the Patent Trial and Appeal Board) are reviewed under the substantial...more

Eversheds Sutherland (US) LLP

Supreme Court: Hobbs Act does not require federal courts to defer to FCC

On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more

Best Best & Krieger LLP

Supreme Court Rules District Courts Not Bound by FCC Statutory Interpretations under the Hobbs Act

On Friday, June 20th, the Supreme Court in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., No. 23-1226 (U.S. June 2025), ruled in a 6-3 decision that the Hobbs Act does not bind federal district courts in civil...more

ArentFox Schiff

Maryland Court Rules EPA’s Termination of Environmental Justice Grants Violates APA

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Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits....more

Holland & Knight LLP

U.S. Supreme Court Decides Nuclear Regulatory Commission Procedural Issue

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The U.S. Supreme Court on June 18, 2025, decided Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), which involved challenges to the U.S. Nuclear Regulatory Commission's (NRC or Commission) decision to grant a...more

Hogan Lovells

Supreme Court decides interim storage case on procedural grounds in NRC v. Texas

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On Wednesday, June 18, 2025, the Supreme Court of the United States issued its opinion in NRC v. Texas to resolve a circuit split over the storage of spent nuclear fuel between the Tenth Circuit, D.C. Circuit, and Fifth...more

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