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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 ).
Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Notably, the 2016 patent law case of Cuozzo v. Guest post by Arti K. Rai , Elvin R. no standing requirement).
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.
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.
So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. 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. Law 629 of 2000 on the Kyoto Protocol.
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.
Notes on Law, Psychology, and Practice ; in Italian). 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.
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. Broadcast Law Blog ). Read the auction procedures and see the list of available construction permits, here.
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.
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.
This week, on our Broadcast Law Blog, we published an article on the legal issues of using Artificial Intelligence to create synthetic voices of celebrities and using such voices on the air or online. Many televisions station owners have been requesting action by the FCC.
States, however, retain primary authority over “ siting, permitting, and construction ” of most transmission lines. FERC approved this agreement in 2017, and Transource then filed siting applications with the Pennsylvania Public Utility Commission (PUC), as required by Pennsylvania law. FERC Order No.
As we wrote on our Broadcast Law Blog , the FCC started its 2022 Quadrennial Review in December despite not having concluded its 2018 review. 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.
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. Please check back for updates.
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. ” 5 U.S.C. §
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. Pre-AIAPatents ).
’s predecessor Dan Tana petitioned to cancel the registration, alleging a likelihood of confusion with his common law “DAN TANA” restaurant mark. Reyna accused the majority of “constructing a milepost” in the trademark process “at which point (Section 15) fraudulent wrongdoing is green-lighted.”
The FCC released a Notice of Proposed Rulemaking (“NPRM”) to implement the Low Power Protection Act (“LPPA”), which was signed into law by President Biden on January 5, 2023. The Bureau also upheld the award of a construction permit to an applicant for a new NCE FM station at Weeki Wachee, Florida.
The justices granted a petition filed by Axon Enterprise , which makes body cameras for law enforcement. When the Federal Trade Commission raised the prospect of bringing (and subsequently did bring) administrative proceedings because of antitrust concerns, Axon went to federal district court.
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.
Here is a recap of the latest customs and international trade law news: CBP. Department of Commerce ( Commerce ) initiated a changed circumstance review (CCR) to examine whether the Russian Federation (Russia) remains a market economy (ME) country for purposes of the antidumping duty (AD) law. On May 17, 2022, U.S.
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. On our Broadcast Law Blog, we published our look ahead at the regulatory dates of importance to broadcasters in June and early July.
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.
For a further discussion of Sohn’s withdrawal and its implications for broadcast regulation, see the article on our Broadcast Law Blog, here. If you have C-Band earth stations, review this notice for more details.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.
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.
Her father then went to law school, eventually becoming the chief attorney for the Miami-Dade County School Board. Her mother became an administrator and served as the principal at a public magnet school for 14 years. She spent the year between college and law school as a reporter and researcher at Time magazine in New York.
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