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In Japan, climate litigation ( / Kiko soshou ) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. Subsequently, two administrative cases were filed, one in Kobe in 2018 ( Citizens Committee on the Kobe Coal-Fired Power Plant v. Sendai Power Station ).
Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. Through May 2022, all existing climate litigation cases in Japan concern the construction or operation of coal-fired power plants and refer to citizens’ attempts to stop the use of coal.
But the claim construction regulation that the Court upheld as reasonable in Cuozzo is of course different from the regulation currently in place. In November 2018, the USPTO replaced the BRI standard with the claim construction approach used in Article III litigation, which was articulated by the Federal Circuit in Phillips v.
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.
The Chevron doctrine, a pillar of administrativelaw, also looms large in the case. Under this step, a court will accept the agency’s interpretation if it is based on a permissible construction of the statute. This is a practice that cuts against the most basic rules of statutory construction. Empire Health’s arguments.
See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. Read the auction procedures and see the list of available construction permits, here.
The Bureau found that the petitioner’s request for tolling had not been filed in accordance with the special procedures that applied when the FCC’s headquarters were closed during the pandemic, so the request never was officially on file.
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.
If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute. The Court’s decision in Chevron is one of the most frequently cited administrativelaw decisions.
The Media Bureau rejected one of two mutually exclusive applications for a construction permit for a new NCE FM station at Ketchum, Idaho, and granted the surviving application. In addition, the Order would direct fixed and mobile Broadcast Auxiliary Service (BAS) licensees in the 12.7
States, however, retain primary authority over “ siting, permitting, and construction ” of most transmission lines. Under the Federal Power Act (FPA), the Federal Energy Regulatory Commission (FERC) has authority to regulate “ the transmission of electric energy in interstate commerce.” FERC Order No.
In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrativelaw, 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.
Five amicus briefs were recently filed in support of the petitioner, arguing that Supreme Court review is warranted to correct the Federal Circuit’s erroneous decision, arguing that the Federal Circuit’s interpretation of Section 2(b)(2) is flawed and undermines important principles of administrativelaw.
In addition, alternative dispute resolution mechanisms are in tune with the current changes in administrativelaw; there is a deep link between droit souple and justice douce , between soft law and ADR, between non-traditional substantive law and alternative administrative judicial review.
Reyna accused the majority of “constructing a milepost” in the trademark process “at which point (Section 15) fraudulent wrongdoing is green-lighted.” 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.
In April 2023, the Council of State, the highest court on administrativelaw 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.
Orthwein distinguished professor of law at Washington University in St. He is coauthor of a casebook on administrativelaw and has written many articles on that subject. There has never been any mystery about the jurisprudential premises of Justice Stephen Breyer’s approach to issues of public law. Similarly, in Lucia v.
Action continued this week on the FCC’s Media Bureau’s 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.
Both cases arise in the context of administrative proceedings brought by independent enforcement agencies against regulated parties — Axon by the Federal Trade Commission, and Cochran by the Securities and Exchange Commission. Federal prisoners raise that issue in pending petitions in Ham v. Breckon and Jones v. Returning Relists.
It argued, among other things, that the administrative proceedings violated its right to due process because the agency plays multiple roles in the proceedings, serving as the prosecutor, the judge, and the jury. The justices also agreed to hear the case of an Idaho couple, Michael and Chantell Sackett , for the second time.
Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrativelaw proceedings. In Securities and Exchange Commission v. The case is sufficiently similar to Axon Enterprise, Inc. Breckon , pending the outcome in Jones.
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.
International Trade Commission has determined to review in part a final initial determination (“ID”) issued by the presiding administrativelaw judge (“ALJ”), finding no violation of section 337 of the Tariff Act of 1930. On May 13, 2022, notice was given that the U.S.
The Scramble to Identify Major Questions in AdministrativeLaw In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrativelaw is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight. Env’t Prot.
Innovation Law Lab , a challenge to the Trump administration’s “remain in Mexico” policy, which allows the Department of Homeland Security to return immigrants seeking asylum to Mexico while they wait for an asylum hearing in U.S. immigration courts. Saul & Davis v. Saul (Mar. Disclosure : Goldstein & Russell, P.C.,
They prefer to falsely vilify the Democratic opposition and President Biden’s “crime family” while blaming an imaginary “deep state” and very real federal and state judicial departments for “weaponizing” the discriminatory wheels of law enforcement against the former president.
The court said the petitioner’s “alleged aesthetic injuries reflect nothing more than generalized grievances,” that her allegations regarding traffic hazards did not meet her causation burden, and that alleged construction-related injuries were not redressable because construction was complete. Environmental Defense Fund v.
Jackson ruled for the Trump administration in Center for Biological Diversity v. McAleenan , a challenge to a decision by the Department of Homeland Security to waive over two dozen laws in connection with the construction of a 20-mile segment in New Mexico of the border wall with Mexico.
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