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Supreme Court Decision Raises Big Questions About SEC’s Authority

Intelligize Blog

Have you heard about the big Supreme Court decision that came down a couple weeks ago? For roughly 40 years, administrative law in the United States has adhered to the Chevron doctrine, so named for the Supreme Court’s ruling in Chevron U.S.A., Last month, the Supreme Court’s holding in Loper Bright Enterprises v.

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Money for safety-net hospitals at stake in dispute over Medicare payment formula

SCOTUSBlog

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. However, if the statutory language is ambiguous, the court turns to step two. HHS’s arguments.

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Allegations of racial bias in a death penalty trial

SCOTUSBlog

Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. The court will hold the other case raising that question, Ham v. In Securities and Exchange Commission v.

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Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings

Constitutional Law Reporter

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks

ClimateChange-ClimateLaw

Agency Deference A doctrine established in the Supreme Court’s 1984 Chevron case is up for review this year in a pair of cases, Loper Bright v. Chevron established a framework for courts to analyze agency action. Raimondo and Relentless v. Department of Commerce. If the intent is clear, the agency must conform to Congressional intent.

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