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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.
Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. The agency stopped the monitoring in 2023 because of a lack of funding.
837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrativelaw decisions. In Loper Bright Enterprises v.
18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended). Lets look at the statute. Chutter, Inc. ,
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.
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we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023 draft guidance.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).
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.
CVSG: 5/18/2023 (relisted after the June 22 conference) Davis v. CVSG: 5/18/2023 (relisted after the June 22 conference) Lombardo v. Securities and Exchange Commission , 22-991 Issue : Whether, under special review statute 15 U.S.C. § That last case, United States v. Legal Services Alabama, Inc. , Legal Services Alabama, Inc. ,
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.”
A decision favoring the petitioner would also be seen as bolstering the Administrative Procedure Act’s notice and comment requirements. The best place to begin any analysis is probably with the statute. The key trademark statute followed by the USPTO is the 1946 Lanham Act. ” 15 U.S.C. 1051(a)(2). Boundy Brief.
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.
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 complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. On May 5, 2022, U.S.
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. Under the statute, the exclusion order then goes to the US President who has power to veto the the exclusion order.
Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. Loper-Bright came to the Supreme Court in November 2022, asking justices to review the D.C.
The two graphs below track the Justices word counts across all argument in the 2023/2024 Term and those already completed in this 2024/2025 Term. The remainder of this piece proceeds by breaking down and comparing their argument styles across eight oral arguments, four from the 2023/2024 Term and four from the 2024/2025 Term.
In its legislative findings, which remain in air quality statutes today , Congress justified air pollution regulation because “the growth of the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare.”
Judge Stark / Federal Circuit / April 12, 2023 Case Overview This case involves Sanderling Management Ltd. The AdministrativeLaw Judge (ALJ) concluded that she could perform medium work, despite her subjective complaints and medical evidence suggesting limitations. Biden #1 Sanderling Management Ltd. suing Snap Inc.
The Scramble to Identify Major Questions in AdministrativeLaw 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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