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High Court Flexes Muscle To Limit Administrative State

Law 360

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 administrative law history.

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Why Climate Litigation in South Africa Matters

ClimateChange-ClimateLaw

Credit: Tobias Reich, Unsplash The Sabin Center’s Global Climate Change Litigation Database currently lists over 2000 cases. And what do they say about the future of climate litigation in the country? The country also has a strong tradition of public interest litigation , with roots in the anti-apartheid struggle.

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Supreme Court strikes down Chevron, curtailing power of federal agencies

SCOTUSBlog

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. The agency stopped the monitoring in 2023 because of a lack of funding.

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UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

Violating obligations under the Treaty can result in victims claiming remedies before national courts, including the right to ecological restoration and environmental remediation. Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation.

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This Week in Regulation for Broadcasters: May 1 to May 5, 2023

Broadcast Law Blog

In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.

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Pending IP Cert Petitions at the Supreme Court

Patently O

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. Should the Court overrule the Chevron deference doctrine? This post briefly reviews these cases.

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

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