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Regulatory Authority › Administrative Agencies › Rulemaking Process

Ruder Ware

Capitol Connection: Wisconsin Supreme Court Shifts Rulemaking & Regulatory Landscape

Ruder Ware on

In July, the Wisconsin Supreme Court issued a landmark ruling in Evers v. Marklein that reshapes how administrative rules are created and implemented in the state. The Court struck down the Joint Committee for Review of...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

Stevens & Lee on

The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Clark Hill PLC

The demise of “Chevron Deference” on the federal level has also arrived in the Arizona state courts

Clark Hill PLC on

Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

Parker Poe Adams & Bernstein LLP on

Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...more

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