Administrative Law Court Decisions Government Legal 
Intelligize Blog
JULY 9, 2024
Have you heard about the big Supreme Court decision that came down a couple weeks ago? We’re talking about the one with the power to upend the regulatory system and the balance of power between the executive and judicial branches of the federal government. Last month, the Supreme Court’s holding in Loper Bright Enterprises v.
FDA Law Blog
AUGUST 29, 2021
The federal government does its own version of rebranding with each change in administration. As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. The memorandum cites the 2019 Supreme Court decision, Kisor v.
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FDA Law Blog
JANUARY 15, 2024
Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. In a 10-5 en banc decision, the Fifth Circuit Court found that “FDA acted arbitrarily and capriciously in rejecting petitioners’ PMTAs.”
SCOTUSBlog
NOVEMBER 29, 2021
The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. Court of Appeals for the 9th Circuit, in Empire Health Foundation v. In 2020, the U.S.
ClimateChange-ClimateLaw
DECEMBER 11, 2023
Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state.
JURIST
JUNE 27, 2023
The US Supreme Court ruled Tuesday in Moore v. The theory stipulates that state legislatures retain exclusive authority over the administration of elections; therefore, state courts are not allowed to intervene, even if the law in question violates the state constitution. Reno and Cooper v.
ClimateChange-ClimateLaw
JULY 2, 2021
The third-party complaint asserted that while the plaintiffs’ claims were meritless, Statoil, “as well as potentially the many other sovereign governments that use and promote fossil fuels,” must be joined as third-party defendants. Chevron filed similar notices of withdrawal in other cases brought by California localities. 20-1778 (U.S.
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