Broadcast Law Blog

APRIL 9, 2023

Since the February 24 hearing designation order (HDO) from the FCC’s Media Bureau referring questions about Standard General Broadcasting’s proposed acquisition of the TEGNA broadcast stations to an Administrative Law Judge (ALJ) for an evidentiary hearing, many of our weekly updates have highlighted the attempts of the parties to have the HDO overturned (..)

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Broadcast Law Blog

MARCH 19, 2023

As we’ve reported in previous weekly updates, the FCC’s Media Bureau has issued a hearing designation order referring questions about Standard General Broadcasting’s proposed acquisition of the TEGNA broadcast stations to an Administrative Law Judge (ALJ) for an evidentiary hearing.

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SCOTUSBlog

JUNE 28, 2024

But in the years since then, it became one of the most important rulings on federal administrative law, cited by federal courts more than 18,000 times. The agency stopped the monitoring in 2023 because of a lack of funding. While the program was in effect, the agency reimbursed fishermen for the costs of the observers.

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The Crime Report

JUNE 14, 2023

Foehner has been charged with seven felony counts under state law and one misdemeanor under New York City administrative law. His top charge is for felony possession of a weapon in the first degree , under a specific portion of New York State law addressing the possession of ten or more firearms.

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Broadcast Law Blog

APRIL 27, 2023

While the FCC adopted these rules to cover all stations in 2021 (see our article here ), as new forms were needed for LPTV, translator, and Class A stations, these rules are only now becoming effective, on May 18, 2023, as the forms needed approval from the OMB which has only recently occurred. DMAs 101 through 210).

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Customs & International Trade Law

APRIL 22, 2022

through February 7, 2023. Period 4: November 7, 2022 to February 7, 2023 – 300,000 units without rollover. On April 21, 2022, the International Trade Commission issued notice that the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of Section 337. and 8450.20.00

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Broadcast Law Blog

JULY 21, 2022

According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrative law judge on the International Trade Commission for over 10 years. A new Chief Copyright Royalty Judge of the Copyright Royalty Board has just been named by the Librarian of Congress.

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LawTechnologyToday

SEPTEMBER 7, 2023

Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US.

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ClimateChange-ClimateLaw

NOVEMBER 12, 2023

In February 2023, the Tribunal of Cundinamarca decided the case. In April 2023, the Council of State, the highest court on administrative law matters, affirmed the decision. The Court ordered the MADS to fulfill its obligations by October 20, 2023, and provide monthly progress reports prior to that.

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ClimateChange-ClimateLaw

JUNE 21, 2023

But that has not deterred the South African government from planning to add 1500 MW of new coal-fired power between 2023 to 2027. The challenge is also brought as a constitutional challenge, combined with an administrative law review. The Thabametsi judgment helped to block one wave of new coal-fired power stations.

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Patently O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen.

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Constitutional Law Reporter

MAY 30, 2023

Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Supreme Court’s decision in Axon Enterprise, Inc.

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FDA Law Blog

DECEMBER 3, 2023

Below, we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023 draft guidance. We do not address the technical and administrative details of the Discount Program here. The manufacturer will have 60 days to appeal the CMP before an administrative law judge (ALJ).

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Constitutional Law Reporter

NOVEMBER 20, 2023

The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. FERC has authorized RTOs to address such congestion by “planning, and [] directing or arranging, necessary transmission expansions, additions, and upgrades and coordinat[ing] such efforts with the appropriate state authorities.”

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Customs & International Trade Law

MAY 13, 2022

Customs and Border Protection announced that the Voluntary Qualified Importer Program (VQIP) application portal for fiscal year (FY) 2023 benefits will close on May 31, 2022. The notice includes a description of the pilot, the eligibility requirements for participation, and invites public comment on any aspect of the pilot.

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SCOTUSBlog

JUNE 29, 2023

CVSG: 5/18/2023 (relisted after the June 22 conference) Davis v. CVSG: 5/18/2023 (relisted after the June 22 conference) Lombardo v. Legal Services Alabama, Inc. , Legal Services Alabama, Inc. , City of St. Louis, Mo. , relisted after the June 22 conference) Diaz-Rodriguez v.

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Patently O

JUNE 27, 2024

As the Supreme Court’s 2023 year draws to a close, the court has denied certiorari in the vast majority of IP related cases, with the Dewberry trademark damages case left as the only IP case granted certiorari. 23-1217) This is an administrative law case asking when the APA requires the PTO to conduct formal rulemaking.

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Patently O

OCTOBER 18, 2023

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Whether we would prefer a different result be reflected in the statute is irrelevant to our responsibility to decide the case before us based on the law as it exists. Chutter, Inc. ,

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FDA Law Blog

AUGUST 29, 2024

Rather, the bill is structured so that liability is fully determined by an Administrative Law Judge (“ALJ”) in an administrative proceeding without a jury, with “conclusive” factual findings made by that ALJ.

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Patently O

DECEMBER 18, 2023

Boundy ultimately contends such omissions reflect a consistent pattern of administrative law violations in recent PTO rulemakings. Because the PTO’s actions in this case are part of a consistent overall pattern, the Court may fairly infer that the PTO intended to evade the law in this case. Boundy Brief.

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ClimateChange-ClimateLaw

MAY 30, 2024

This holds for tort law (liability), criminal law, and administrative law. This is an important point, as the Draft Treaty leaves it up to the State Parties to determine whether the human rights violations are best dealt with in administrative, criminal, or civil law (Art.

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FDA Law Blog

JUNE 27, 2024

After issuing an Order to Show Cause and Immediate Suspension of Registration in September 2022, and an administrative hearing in March 2023, DEA adopted the hearing Administrative Law Judge’s (“ALJ’s”) Recommended Decision to revoke Coconut Grove’s registration based on the public interest factors of 21 U.S.C.

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Broadcast Law Blog

APRIL 2, 2023

The FCC released a Notice of Proposed Rulemaking (“NPRM”) to implement the Low Power Protection Act (“LPPA”), which was signed into law by President Biden on January 5, 2023.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] It went into effect in January 2023 and will be phased in over the next five years.

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SCOTUSBlog

MAY 22, 2023

The court did not add any new cases to its merits docket for the 2023-24 term. It is ‘a simple but fundamental rule of administrative law,’” the court explained, that courts can only uphold a federal agency’s order on the ground on which the agency itself relied. The justices’ ruling in Calcutt v.

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Broadcast Law Blog

FEBRUARY 26, 2023

The FCC recently released a new 2023 version of the EAS Operating Handbook. Stations are reminded that the deadline for filing EAS Test Reporting System (ETRS) Form One is February 28, 2023. Stations should download this Handbook and make sure that it is available as required.

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Calendaring Drafting Administrative Law Education 82

Broadcast Law Blog

JUNE 4, 2023

See this article on our Broadcast Law Blog for more information about the pending legislation to mandate AM radio be included in every car sold in the US.

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Construction Finance Administrative Law Technology 59

Patently O

DECEMBER 26, 2023

In early 2023, an ITC administrative law judge (ALJ) issued its initial determination that Apple was in violation of Section 337 of the 1930 Tariff Act by importing/selling the watches using. But, eBay only applies in district court cases, and does not apply to USITC decisions.

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Customs & International Trade Law

JUNE 24, 2023

Here is a recap of the latest customs and international trade law news: Customs and Border Protection (CBP) CBP adopted its final rule requiring continuing education for individual customs broker license holders (individual brokers) and the framework for administering this requirement. CBP Releases May 2023 monthly operational update.

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Broadcast Law Blog

MAY 28, 2023

As we’ve previously reported, the FCC designated the associated FCC applications for hearing before an Administrative Law Judge (ALJ) to determine whether the sale would impose noncompetitive retransmission rates on consumers and injure the viewing public by reducing news service.

Technology 52

Technology Finance Administrative Law Laws 52

SCOTUSBlog

JANUARY 16, 2024

In an article published in 2014, law professor Thomas Merrill suggested that the Chevron decision was not regarded as a particularly consequential one when it was issued. But in the decades since then, it became one of the most significant rulings on federal administrative law, cited by federal courts more than 18,000 times.

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ClimateChange-ClimateLaw

MARCH 13, 2023

Petitioners also argue that the potential economic and political ramifications of the standards are so great that EPA’s rule violates the so-called “major questions doctrine,” a relatively new and quickly evolving concept in administrative law. This doctrine was recently and prominently applied by the Supreme Court in West Virginia v.

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Broadcast Law Blog

MARCH 12, 2023

For a further discussion of Sohn’s withdrawal and its implications for broadcast regulation, see the article on our Broadcast Law Blog, here. The FCC issued an Order temporarily staying the March 6, 2023 sunset of the requirement that television station’s that convert to the new ATSC 3.0 signals must take.

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Patently O

NOVEMBER 19, 2024

by Dennis Crouch The Federal Circuit is poised to address a significant administrative law question in Apple v. The case comes after the Federal Circuit's 2023 decision finding the procedural challenge reviewable while affirming dismissal of substantive challenges to the framework. Apple Inc. Vidal , 63 F.4th 4th 1 (Fed.

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SCOTUSBlog

FEBRUARY 2, 2024

A state administrative law judge agreed that Greene’s “heated rhetoric may well have contributed to the environment that ultimately led to” the attack on the Capitol, but he concluded that she had not engaged in an insurrection. In 2022, Georgia officials rebuffed a challenge to U.S. Marjorie Taylor Greene’s eligibility.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. On June 30, 2023, the Supreme Court applied the major questions doctrine in Biden v. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. Env’t Prot.

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