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Regulatory Authority Judicial Review Judicial Authority

Cooley LLP

SCOTUS Continues to Limit Authority of Regulatory Agencies by Empowering District Courts to Reject FCC Interpretations

Cooley LLP on

Suppose an administrative agency issues a rule governing private conduct. And suppose no one uses an available judicial review process to challenge that rule before it takes effect. If that rule is then invoked against a...more

Downey Brand LLP

U.S. Supreme Court Limits Use of Environmental Review as a Roadblock

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On May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado (2025) 605 U.S. ____, the Supreme Court gave instruction that the National Environmental Policy Act (NEPA) “is a procedural cross-check, not...more

Holland & Knight LLP

Court's Denial of Review Leaves Open Questions of CEQ Authority

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The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more

K&L Gates LLP

The Post-Chevron Toolkit: The New Era for Regulatory Review

K&L Gates LLP on

In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...more

Partridge Snow & Hahn LLP

Two Supreme Court Decisions Shift the Ground for Legal Challenges to Federal Agency Actions

The Supreme Court has now concluded its most recent term, and in its final two days handed down two decisions with major implications in the area of administrative law (each by a 6-3 margin).  And while their precise...more

Ballard Spahr LLP

Congress Struggling with Post-Chevron World

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Republicans on Capitol Hill have introduced legislation that would require a review of all federal court decisions, laws, regulations and legal cases that used the Chevron Deference Doctrine as the basis for decisions....more

Venable LLP

Telecommunications Law and Policy in a Post-Chevron World

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As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more

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