Quick Guide to Administrative Hearings
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The US Supreme Court in EPA v. Calumet Shreveport clarified where challenges to certain US Environmental Protection Agency actions under the Clean Air Act must be filed. The Court split the difference between competing...more
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
In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more
US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...more
With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...more
In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental...more
The Supreme Court of the United States issued six decisions today: United States v. Skrmetti, No. 23-477: This case addresses a constitutional challenge to Tennessee’s Prohibition on Medical Procedures Performed on Minors...more
Today, the Supreme Court interpreted the Clean Air Act’s venue framework for judicial review of EPA actions. Under 42 U. S. C. §7607(b)(1), “nationally applicable” EPA actions can be challenged only in the D. C. Circuit,...more
Today, the Supreme Court of the United States granted certiorari in four cases: Oklahoma v. Environmental Protection Agency; Pacificorp v. Environmental Protection Agency, Nos. 23-1067, 23-1068: These consolidated cases...more
Addressing a venue challenge, the US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus because the challenger did not demonstrate it had no adequate alternative means to obtain desired relief...more
Why is the legal challenge of EPA’s approval of the affirmative defense provisions in Texas’ state implementation plan (SIP) the subject of a venue battle? Why did the Sierra Club and eight other environmental groups...more
Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more
The District of Columbia United States Court of Appeals (“Court”) addressed in a June 14th opinion a title V Clean Air Act judicial review issue. See Sierra Club v. Environmental Protection Agency, 2019 WL 2479448. The...more
Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s...more
The SEC continues to prevail in actions brought challenging its venue selections. On March 28, 2016, the Supreme Court denied a request for a writ of certiorari in Bebo v. SEC, 799 F. 3d 765 (7th Cir. 2015). Ms. Bebo’s case...more
Employers must compete in the marketplace for talented employees at every level—both in recruitment and retention. It is thus in employers’ best interests to provide employee benefit plans that are attractive to employees and...more