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Both of these cases were added to the 2022-2023 docket. Cochran is a Fifth Circuit case about district courts’ power to hear challenges regarding the constitutionality of SEC’s administrativelaw proceedings. The US Supreme Court Monday granted both Jones v. Hendrix and Securities and Exchange Commission (SEC) v.
Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrativelaw history.
The FCC’s Enforcement Bureau issued the first of its Equal Employment Opportunity (EEO) audit letters for 2023 to randomly selected radio and television stations. The deadline for the selected stations to upload responses to their FCC-hosted online public inspection file is June 8, 2023.
And two years ago, in April 2023, LAP began collecting surveys through our online platform. A few months later, in the winter of 2023, I faced another decision. Law schools still werent convinced by LAPs proposition that they pay $5 per student per year to make this resource available to all their students. So, we did.
Cathy McMorris Rodgers sent a joint letter to FCC Chairwoman Rosenworcel asking the FCC to provide detailed information about, among other things, the circumstances surrounding and the FCC’s rationale for designating the matter for hearing.
Rulings in several cases will affect the practice of regulatory and administrativelaw either directly or indirectly, as is recounted below. Before the Court adjourned, it released its calendar of cases to be argued in October 2023, and of course, more cases will be scheduled after the Court returns. Continue Reading ›
The FCC has requested comments on NAB’s petition asking the Commission to grant a two-year extension of the May 26, 2023 deadline by which broadcasters must comply with Section 79.2(b)(2)(ii)
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 AdministrativeLaw Judge (ALJ) for an evidentiary hearing, many of our weekly updates have highlighted the attempts of the parties to have the HDO overturned (..)
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 AdministrativeLaw Judge (ALJ) for an evidentiary hearing.
But in the years since then, it became one of the most important rulings on federal administrativelaw, 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.
Foehner has been charged with seven felony counts under state law and one misdemeanor under New York City administrativelaw. 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.
In February 2023, the Tokyo District Court found that the Notice of Finalization, which had been issued through a simplified permitting procedure, was lawful. Kobe Civil Case Awaiting an Appeal Judgment In Citizens Committee on the Kobe Coal-Fired Power Plant v. Kobe Steel Ltd.,
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).
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 administrativelaw judge (“ALJ”) issued an Initial Determination on Violation of Section 337. and 8450.20.00
According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrativelaw 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.
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 administrativelaw questions in federal trial and appellate courts across the US.
In February 2023, the Tribunal of Cundinamarca decided the case. In April 2023, the Council of State, the highest court on administrativelaw 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.
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 administrativelaw review. The Thabametsi judgment helped to block one wave of new coal-fired power stations.
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 administrativelaw, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen.
Hull Late last month, the Department of Justice filed a short statement regarding administrativelaw judges (ALJs). For an in-depth review of the history of ALJs and the removal protections enacted by the APA, see Brief of Amicus Curiae Federal AdministrativeLaw Judges Conference 8-20, SEC v. Kijakazi , 2023 U.S.
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.
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 administrativelaw judge (ALJ).
The Court’s decision in Chevron is one of the most frequently cited administrativelaw 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.
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.
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.”
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 administrativelaw case asking when the APA requires the PTO to conduct formal rulemaking.
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. ,
Rather, the bill is structured so that liability is fully determined by an AdministrativeLaw Judge (“ALJ”) in an administrative proceeding without a jury, with “conclusive” factual findings made by that ALJ.
Boundy ultimately contends such omissions reflect a consistent pattern of administrativelaw 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.
This holds for tort law (liability), criminal law, and administrativelaw. 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.
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 AdministrativeLaw Judge’s (“ALJ’s”) Recommended Decision to revoke Coconut Grove’s registration based on the public interest factors of 21 U.S.C.
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.
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.
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 administrativelaw,’” 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.
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.
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.
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.
In early 2023, an ITC administrativelaw 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.
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.
Cavender It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrativelaw cases, which are usually back-burner issues. Loper Bright overturned the Court’s landmark administrativelaw ruling of Chevron, USA v. But not this term. 837 (1984).
As we’ve previously reported, the FCC designated the associated FCC applications for hearing before an AdministrativeLaw Judge (ALJ) to determine whether the sale would impose noncompetitive retransmission rates on consumers and injure the viewing public by reducing news service.
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 administrativelaw, cited by federal courts more than 18,000 times.
The graph below shows the percentages of shared votes with Justice Barrett and each other justice on the Court for the 2020 through 2023 Supreme Court terms. Barretts voting agreement patterns from 2020 to 2023 reflect her alignment with the Supreme Courts conservative wing while showing some variation in agreement with liberal justices.
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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