Patently O

FEBRUARY 28, 2021

Supreme Court 2021). 2, administrative patent judges of the U.S. Whether, if administrative patent judges are principal officers, the court of appeals properly cured any Appointments Clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. by Dennis Crouch. United States v.

Administrative Law 63

Administrative Law Constitutional Law Court Statute 63

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

Legal 83

Legal Legal Laws Government 83

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. rescheduled before the Nov. 10 and Jan.

Statute 104

Statute Court Education Administrative Law 104

Day on Torts

SEPTEMBER 22, 2021

15, 2021), plaintiff was a former firefighter who had initially been denied Line of Duty (LOD) disability benefits by the defendant City’s Pension Board. After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant. . § City of Memphis , No.

Tort 59

Tort Contract Court Administrative Law 59

Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Citing Carr v. Saul , 593 U.S.

Court 52

Court Constitutional Law Entertainment Administrative Law 52

ClimateChange-ClimateLaw

JANUARY 22, 2024

In 2020, the PUC Administrative Law Judge (ALJ) denied Transource’s permit application on the basis that the project would increase wholesale rates in Pennsylvania and therefore failed to serve a public need under Pennsylvania law, despite providing benefits elsewhere within PJM’s territory.

Court 83

Court Construction Laws Government 83

Customs & International Trade Law

OCTOBER 28, 2022

DOC is rescinding the administrative review of the countervailing duty (CVD) order on certain non-refillable steel cylinders (non-refillable cylinders) from the People’s Republic China (China), covering the period August 28, 2020, though December 31, 2021. . Limited (‘‘Top Golf’’) in default. United States Census Bureau (USCB).

Manufacturing 52

Manufacturing Government Laws Administrative Law 52

ClimateChange-ClimateLaw

AUGUST 8, 2023

On April 21, 2021, the European Commission adopted the Corporate Sustainability Reporting Directive, which substantially expands the climate information that must be reported by covered companies. 51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills.

Laws 98

Laws Law School Government Legal 98

Customs & International Trade Law

MAY 13, 2022

The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 10,899,728 (“the ‘728 patent”). 10,244,284 (“the ‘284 Patent”).

Laws 97

Laws Manufacturing Administrative Law Government 97

SCOTUSBlog

OCTOBER 10, 2024

But the 5th Circuit wrote that this case “may … attract the [Supreme] Court’s interest” because “[i]t tees up one of the fiercest (and oldest) fights in administrative law: the Humphrey’s Executor ‘exception to the general ‘rule’ that lets a president remove subordinates at will.”

Court 129

Court Lawyer Lawyers Real Estate 129

SCOTUSBlog

JULY 2, 2024

But Justice Ketanji Brown Jackson, writing for the dissenting liberal bloc, warned that the decision could have “staggering” implications, particularly in light of the court’s decision on June 28 eliminating the doctrine of deference to an agency’s reasonable interpretation of the laws that it administers.

Court 140

Court Statute Cause of Action Administrative Law 140

SCOTUSBlog

NOVEMBER 29, 2022

The policy at the center of the case is set forth in a September 2021 memorandum by Secretary of Homeland Security Alejandro Mayorkas. When Prelogar countered that the lower courts had misinterpreted the statute, Roberts let out a surprised “wow.”. Either way, he said, the government will enforce federal immigration laws differently.

Immigration 107

Immigration Government Court Administrative Law 107

FDA Law Blog

MARCH 31, 2025

The bill adopts the very Administrative Law Judge process that the U.S. Court of Appeals for the Fifth Circuit declined such an interpretation in 2021 in Impax Laboratories, Inc. 1096 contradicts longstanding statutory authority on the statute of limitations for civil monetary penalties. Let us count the ways. FTC, 994 F.3d

Manufacturing 64

Manufacturing Statute Court Attorney 64

FDA Law Blog

APRIL 2, 2025

The bill allows the FTC to proceed before an Administrative Law Judge, a process that implicates both the separation of powers and the Seventh Amendment. When the FTC uses its administrative process, it is acting as the investigative body, prosecutor, administrative judge, and appellate body. Let us count the ways.

Statute 59

Statute Manufacturing Court Attorney 59

ClimateChange-ClimateLaw

MARCH 13, 2023

These emissions standards were significantly loosened in the last year of the Trump Administration. In 2021 the Biden Administration reversed the Trump-era rollbacks and instituted the strictest-ever vehicle GHG emissions standards in a move aimed at preventing 3.1 billion tons of carbon dioxide emissions by 2050. EPA , 142 S.

Manufacturing 59

Manufacturing Government Court Administrative Law 59

Above The Law

MARCH 7, 2025

Jackson also inquired about the potential impact of a ruling on the statute of limitations and how courts should approach medical expertise when evaluating agency decisions, especially regarding the safety and efficacy of drugs. Her inquiries aim to clarify the laws structure, urging a closer examination of its effects on different groups.

Constitutional Law 104

Constitutional Law Laws Statute Legal 104

Above The Law

JANUARY 24, 2025

Biden appointed the most judges to the Second Circuit in 2021, to the Ninth in 2022, and even had one judge begin active service in 2025 ( Embry Kidd in the Eleventh Circuit). The aspects I examined in each decision were the case details, outcome, area(s) of law, and the ideological leaning that each decision conveys.

Contract 52

Contract Court Prima Facie Case Laws 52

SCOTUSBlog

OCTOBER 28, 2024

The National Horsemen’s Benevolent & Protective Association, a trade group of Thoroughbred racehorse owners and trainers, went to federal court in 2021 to challenge the law. That, of course, is precisely the problem: a private corporation should not perform those functions enforcing federal law in the first place.”

Laws 119

Laws Court Sports Administrative Law 119

ClimateChange-ClimateLaw

JULY 2, 2021

June 15, 2021). June 16, 2021). On June 14, 2021, the U.S. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand. June 14, 2021). June 28, 2021). Louisiana v. Biden , No. 2:21-cv-00778 (W.D.

Court 49

Court Litigation Litigating Statute 49

SCOTUSBlog

JANUARY 7, 2022

In June 2021, Secretary Alejandro Mayorkas of the Department of Homeland Security issued a decision terminating the policy. After Texas and Missouri challenged that decision, a federal district court vacated the secretary’s termination, in part on the administrative-law ground that the decision was insufficiently explained.

Laws 140

Laws Immigration Court Legal 140

SCOTUSBlog

OCTOBER 7, 2022

Two months into the Biden administration, the government took an unusual step. In his concurrence in Arizona , the chief justice noted his worry “whether the Government’s actions, all told, comport with the principles of administrative law.” A group of conservative states asked to intervene in those lawsuits to defend the rule.

Immigration 78

Immigration Litigation Litigating Administrative Law 78

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight. Env’t Prot.

Statute 85

Statute Court Government Administrative Law 85