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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. Among the inadequacies found by the court was Ecology’s failure to consider climate change in drafting the permits. Living Rivers v.

Court 49
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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

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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“If You’ve Got Legitimate Suspenders, Don’t Have an Unconstitutional Belt:” Federalist Society Panel’s Take on Jarkesy and the Preserve Access to Affordable Generics and Biosimilars Act

FDA Law Blog

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. If this is a cause of action for civil penalties, it is one that should be treated the same way as in Jarkesy. [In