Constitutional Law Reporter

NOVEMBER 20, 2023

The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. The two cases will be argued in tandem in the January 2024 argument session. The post SCOTUS to Determine Future of Chevron Deference appeared first on Constitutional Law Reporter. Please check back for updates.

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Broadcast Law Blog

FEBRUARY 26, 2023

Audio description is already required in DMAs 1 through 90, and these requirements will go into effect in DMAs 91 through 100 on January 1, 2024. TEGNA is the parent company of the licensees of 64 full-power television stations, two full-power radio stations, and other related Commission licenses. and 11:59 p.m. local time.

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FDA Law Blog

MARCH 6, 2025

Hull Late last month, the Department of Justice filed a short statement regarding administrative law 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 Administrative Law Judges Conference 8-20, SEC v. Jarkesy , No.

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Patently O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. 2024), the Supreme Court overruled the Chevron U.S.A.

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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. Natural Resources Defense Council , 467 U.S. 837 (1984).

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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.

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Patently O

JUNE 27, 2024

Seven petitions remain undecided and the court will pick them up again when it begins the 2024 term in late September. 23-1217) This is an administrative law case asking when the APA requires the PTO to conduct formal rulemaking. This post briefly reviews these cases. United Therapeutics Corporation v. Chestek PLLC v.

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ClimateChange-ClimateLaw

NOVEMBER 12, 2023

In April 2023, the Council of State, the highest court on administrative law matters, affirmed the decision. In February 2023, the Tribunal of Cundinamarca decided the case. 15 Subsection 3); Provide instructions and guidelines for subnational entities and authorities to incorporate climate change in their planning policies (Art.

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Patently O

JULY 26, 2024

July 26, 2024). Since administrative law is a recent focus , I wanted to pause here to consider the source of the USPTO’s authority to make this regulation. Today’s focus is on SoftView v. Apple , and a focus on the USPTO’s estoppel regulations as they apply between an IPR and reexamination proceeding.

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FDA Law Blog

JUNE 27, 2024

50,372 , 50,377 (June 13, 2024). DEA recently revoked the registration of Coconut Grove Pharmacy (“Coconut Grove”), like Gulf Med Pharmacy also in Florida, for its failure to resolve prescribing red flags and document such resolution. Coconut Grove Pharmacy; Decision and Order, 89 Fed. 823(g)(1).

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ABA Journal

JANUARY 4, 2024

The presidential election campaign of 2024 promises to be unlike any we have seen in American history, and it seems inevitable that the U.S. And the docket for the current term is filled with major issues about controversial matters, such as abortion, administrative law, gun rights and the First Amendment and social media.

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FDA Law Blog

DECEMBER 3, 2023

As part of this change, the Coverage Gap Discount Program (CGDP), a program that has existed since 2011, will sunset on December 31, 2024, and be replaced by the Medicare Part D Manufacturer Discount Program (the “Discount Program”). We do not address the technical and administrative details of the Discount Program here.

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Customs & International Trade Law

NOVEMBER 25, 2022

On November 26th, the Unitary Platform and the Maduro regime announced the resumption of talks in Mexico City; a humanitarian agreement focused on education, health, food security, flood response, and electricity programs that will benefit the Venezuelan people; and agreement on the continuation of talks focused on the 2024 elections.

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Customs & International Trade Law

DECEMBER 2, 2022

On November 26th, the Unitary Platform and the Maduro regime announced the resumption of talks in Mexico City; a humanitarian agreement focused on education, health, food security, flood response, and electricity programs that will benefit the Venezuelan people; and agreement on the continuation of talks focused on the 2024 elections.

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Document Review Administrative Law Legal Legal 40

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. As we noted in a blog post published shortly after the Supreme Court’s decided SEC v. Jarkesy , 144 S.

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Broadcast Law Blog

MAY 28, 2023

Seemingly in response to the legislative interest in AM, Ford Motors reversed its prior plans and announced that AM radio will be included in all 2024 Ford and Lincoln vehicles, and that it will offer a software update that will restore AM broadcast capability for owners of Ford’s vehicles that presently have no such capability.

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Connor Reporting

MARCH 19, 2025

She was an attorney for twenty-one years in Louisiana and California, serving as a sole practitioner, attorney in a small firm, as general counsel for a publicly-traded company, as a senior government utility regulatory attorney, and as an administrative law judge for two different California agencies. in Alameda County.

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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.”

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Conflict of Laws

NOVEMBER 26, 2024

On 2 December 2024, at 6 pm CET, a free webinar will take place in preparation of the 2025 edition of the EAPIL Winter School on Multistate Torts , which will be held on-site in Como between 10 and 15 February 2025 (see here for the full program and further details).

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Gravel2Gavel

OCTOBER 28, 2024

Cavender It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. The Supreme Court began the current term on October 7, 2024. But not this term. Natural Resources Defense Council, Inc. , 837 (1984).

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FDA Law Blog

MARCH 31, 2025

These penalty provisions, like the penalty provisions we commented on in the 2024 version of the Preserve Access to Affordable Generics and Biosimilars Act , raise some pretty significant concerns in light of the U.S. The bill adopts the very Administrative Law Judge process that the U.S. Supreme Courts decision in SEC v.

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FDA Law Blog

APRIL 2, 2025

These penalty provisions, like the penalty provisions we commented on in the 2024 version of the Preserve Access to Affordable Generics and Biosimilars Act , raise some pretty significant concerns in light of the U.S. Supreme Courts decision in SEC v. Jarkesy, 144 S. Let us count the ways. In Jarkesy , the U.S.

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Statute Manufacturing Court Attorney 59

SCOTUSBlog

DECEMBER 28, 2023

Share Lawyers for Colorado’s Republican Party came to the Supreme Court on Wednesday, asking the justices to overturn a ruling by that state’s highest court that would leave former President Donald Trump off Colorado’s primary ballot in 2024 because of his role in the Jan. 6, 2021, attacks on the U.S. Supreme Court time to weigh in.

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Above The Law

MARCH 7, 2025

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.

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FDA Law Blog

DECEMBER 3, 2024

Karst — On August 30, 2024, we posted on what was then the most recent version of S. 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. Jarkesy, 144 S.

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The Crime Report

OCTOBER 23, 2023

Four Washington Post journalists analyzed Donald Trump’s polling numbers for the 2024 presidential election among all voters as well as personal interviews with Republicans from multiple states.

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Above The Law

APRIL 7, 2025

These cases share common themes, in resolving disputes over regulatory and administrative law, economic regulation, state-federal authority conflicts, and taxation. By 2024-2025, however, Barretts opinions began showing a shift toward supporting greater agency deference. By 2024, in Fischer v. In Becerra v. In Trump v.

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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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