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Regulatory Authority Administrative Procedure Act Environmental Protection Agency (EPA)

Mitchell, Williams, Selig, Gates & Woodyard,...

Phosphoric Acid Production Waste/Federal Court Petition for Writ of Mandamus: Center for Biological Diversity Seeks U.S....

The Center for Biological Diversity and other organizations filed a March 10th Petition for Writ of Mandamus (“Petition”) before the United States Court of Appeals for the District of Columbia Circuit asking that the United...more

DLA Piper

Supreme Court Limits EPA's Permitting Authority Under the Clean Water Act

DLA Piper on

The Supreme Court recently ruled that the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to impose “generic” or “end-result” prohibitions in National Pollutant Discharge Elimination System...more

Epstein Becker & Green

Textualism Again Comes to the Fore, Albeit with Contradictory Views on the Court - SCOTUS Today

Only a few readers of SCOTUS Today are lawyers who are professionally occupied with environmental matters. However, almost all of my readers are constantly occupied with administrative law matters, governed in the...more

Foley Hoag LLP - Environmental Law

What Happens When Agency Administrators Don't Support the Agency's Statutory Mission?

I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Decisions Curtail Regulatory Agencies’ Powers, Making It Easier To Challenge Rules

The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

Holland & Knight LLP on

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Verrill

Loper Bright and Massachusetts Environmental Law: Navigating the Boundaries of Federal and State Authority

Verrill on

While the SCOTUS’s Loper Bright Enterprises et al. (Loper) decision reversing Chevron was a win for those seeking to rein in the administrative state at the federal level, it does not sound the death knell for Massachusetts...more

Foley Hoag LLP - Environmental Law

Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more

Ward and Smith, P.A.

The Chevron Doctrine Overturned: Implications for U.S. Regulatory Landscape

Ward and Smith, P.A. on

In general, courts—not the legislative or executive branches of government—interpret the law. But since 1984, the Supreme Court required federal courts to disregard their own interpretation of ambiguous federal statutes....more

Foley Hoag LLP - Environmental Law

Does Loper-Bright Mean the End of Deference to Agency Expertise?

Greenwire (subscription required) had an article yesterday with the breathless headline “Post-Chevron era tests courts’ readiness to tackle science.” The article noted that, in the recent Supreme Court decision in Ohio v....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 8, Issue 7, July 2024

Welcome to the seventh 2024 issue of Currents - our e-newsletter focused on energy topics. There are less than six months left for companies formed before January 1, 2024 to file their initial beneficial owner report...more

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more

Jenner & Block

Client Alert: How Recent Supreme Court Decisions May Impact EHS Agencies and Regulations

Jenner & Block on

The Supreme Court’s recent term is likely to be remembered as one that significantly affected the long-standing roles and responsibilities of federal agencies, including the deference afforded to their interpretations of...more

Foley & Lardner LLP

The Supreme Court Changes Basic Tenets of Administrative Law - Complicating the Environmental Protection Agency’s Ability to...

Foley & Lardner LLP on

In a trio of cases, the Supreme Court has changed the balance of power between courts and federal agencies. The combination of these three cases will likely lead to significant litigation in multiple courts, repeated...more

Wiley Rein LLP

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner...

Wiley Rein LLP on

The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an...more

K&L Gates LLP

Down Goes Chevron—Environmental Challenges Will Soon Follow

K&L Gates LLP on

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources...more

Williams Mullen

Chevron Overruled - The Widespread Impact Might Just Surprise You

Williams Mullen on

The Supreme Court overruled the 40-year-old Chevron doctrine of judicial deference given to administrative agency actions in an opinion released last week. On June 28, 2024, the court held that federal courts no longer must...more

Morgan Lewis

The End of the Chevron Doctrine: an Environmental Law Watershed?

Morgan Lewis on

The US Supreme Court’s opinion in the Loper Bright v. Raimondo and Relentless v. Commerce cases overruling the rule of deference to agency interpretations of federal statutes established by its decision 40 years ago in...more

Lathrop GPM

The Death of the Chevron Doctrine: What Next?

Lathrop GPM on

This past week was monumental for those subject to regulation by Federal administrative agencies. Over the course of 24 hours, the Supreme Court issued two rulings that have extensive implications for administrative agency...more

Proskauer - Regulatory & Compliance

Supreme Court Curtails Agency Power By Overturning Chevron Deference

On June 28, 2024, the U.S. Supreme Court issued a landmark ruling overturning “Chevron deference,” a tool for interpreting ambiguous statutes administered by administrative agencies. The 40-year-old Chevron doctrine held...more

Adams & Reese

In Blow to Federal Agency Powers, SCOTUS Overturns Chevron

Adams & Reese on

On Friday, June 28, 2024, the Supreme Court of the United States reversed decades of increased federal executive agency power by overturning the longstanding deference to agency interpretations of statutes that resulted from...more

ArentFox Schiff

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

ArentFox Schiff on

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

Harris Beach Murtha PLLC

Supreme Court Upends Chevron Doctrine in Landmark Decision

On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo, and a companion case entitled Relentless, Inc. v. Raimondo, that upended a 40-year-old paradigm of judicial review of federal...more

Jenner & Block

Client Alert: End of an Era: The Supreme Court Reverses Chevron

Jenner & Block on

At the tail end of the 2023–24 term, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—reversing the 40-year-old Chevron doctrine....more

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