I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
The decision emphasizes the importance of judicial deference to agencies on NEPA and narrows the scope of environmental analyses....more
Are district courts bound by both interpretive and final rules issued by the Federal Communications Commission? The U.S. Supreme Court‘s decision to hear the case of McLaughlin Chiropractic Associates Inc. v. McKesson...more
In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4,...more
The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, __ U.S. __ (2024), overturning the 40-year-old Chevron doctrine, drastically reshapes administrative law....more
Last month, I moderated a live and virtual program at the American Bar Association Business Law Section 2023 Fall Meeting in Chicago. The program was entitled: “U.S. Supreme Court to Revisit Chevron Deference: What the...more
James Kisor, a Korean War Veteran, asked the Supreme Court to overrule a longstanding presumption that courts defer to an executive agency’s reasonable interpretation of its own regulation, a principle known as Auer...more