SCOTUSBlog

JANUARY 14, 2023

Share The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. Garland , which the Supreme Court will hear on Tuesday. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

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SCOTUSBlog

MAY 11, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week they’re replaced by three new relists, all involving government petitions in one way or another. Our first relist this week is the government’s petition in Securities and Exchange Commission v.

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SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. In each case, the statutes provide that the sole method for challenging those orders is a petition for review in the court of appeals. For him, the general grant of district court jurisdiction in 28 U.S.C.

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SCOTUSBlog

JULY 30, 2021

Court of Appeals for the 1st Circuit and several other circuits have developed a two-tier system for reviewing such motions. The changes sparked court challenges almost immediately. Some circuits apply similar, yet weaker, versions of this presumption, and some circuits have rejected it altogether.

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SCOTUSBlog

DECEMBER 26, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. If a government official punishes someone because of their pure speech, that person may have a strong case to sue for retaliation in violation of their constitutional rights. In a divided ruling, the U.S. In Molina v.

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ClimateChange-ClimateLaw

APRIL 18, 2024

Neither the Swiss Federal Administration (paras. 22–31) nor the Federal Administrative Court (paras. 32–42) nor, as critically appraised , the Federal Supreme Court (paras. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles.

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Broadcast Law Blog

MAY 6, 2023

In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.

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SCOTUSBlog

NOVEMBER 4, 2022

Cochran present a frontal assault on the traditional framework under which federal courts have entertained complaints about federal agencies. The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. SEC that the ALJ’s appointment was unlawful.

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Constitutional Law Reporter

DECEMBER 14, 2022

The Supreme Court heard oral arguments in five cases last week. Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Axon Enterprise, Inc.

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ClimateChange-ClimateLaw

NOVEMBER 12, 2023

For example, Law 1931 of 2018 establishes clear rules that govern public and private entities’ actions regarding climate change, as well as the cooperation between national, regional and local authorities in implementing climate change adaptation measures and GHG emissions’ mitigation action.

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LawTechnologyToday

SEPTEMBER 7, 2023

At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US. Copyright Office, and as an Adjunct Professor of Legal Research, Analysis, and Writing at Georgetown Law.

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SCOTUSBlog

JANUARY 6, 2023

Federal Labor Relations Authority , which the Supreme Court will hear on Monday, involves the collective-bargaining rights of “dual status” military technicians who work in the Ohio National Guard. As part of the ongoing litigation, the Guard claims that it has no authority under federal law to remedy this violation).

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Broadcast Law Blog

MARCH 27, 2022

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. A felony conviction involving lying to another government agency will normally trigger such a review.

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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. Wilkie , 139 S.

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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. No, not the one about Presidential immunity.

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SCOTUSBlog

JANUARY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. The district court and U.S. What’s the difference ?

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Broadcast Law Blog

JULY 21, 2022

According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrative law judge on the International Trade Commission for over 10 years. The CRB is principally charged with rates and distributions for copyrights governed by a “ statutory licenses.”

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SCOTUSBlog

NOVEMBER 30, 2023

Jarkesy was oddly distant from the decision of the lower court and the briefs and arguments of the parties. Court of Appeals for the 5th Circuit – vigorously defended by George Jarkesy, the target of long-running SEC proceedings – accepted three separate constitutional challenges to the SEC’s apparatus. The decision of the U.S.

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SCOTUSBlog

MAY 16, 2022

Share The Supreme Court on Monday added two new cases , both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term. An administrative law judge agreed that Cochran had violated federal law, fined her over $20,000, and banned her from practicing before the SEC for five years.

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SCOTUSBlog

JANUARY 24, 2022

Share The Supreme Court on Monday morning issued orders from the justices’ private conference on Friday, Jan. One involves the power of federal district courts; the other tests the scope of the Clean Water Act. Court of Appeals for the 9th Circuit upheld that decision.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 4] The new corporate climate disclosure bills may well continue that tradition.

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JonathanTurley

JULY 11, 2023

After all, this appears simple (albeit shocking) negligence by the Biden administration as opposed to some nefarious effort. Court of Appeals for the Ninth Circuit rejected claims that appointment violations were mere technical concerns. This could not come at a worse time for the administration. It stressed in Cody v.

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ClimateChange-ClimateLaw

JUNE 23, 2021

Litigators responded to the Trump administration’s climate deregulation agenda by filing hundreds of lawsuits across the U.S. over the four years of the administration. Climate Litigation in the Age of Trump: Full Term , takes stock of 378 U.S. Climate Change Litigation Database. By Korey Silverman-Roati.

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SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

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Patently O

JUNE 17, 2024

The court concluded that the APA inherently includes an exception for procedural requirements and so the USPTO was not required to follow notice-and-comment rulemaking when promulgating the trademark applicant home-address rule, because the court deemed it to be a procedural rather than substantive rule exempt from those APA requirements.

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JonathanTurley

JANUARY 3, 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Here is the column: The late Justice Ruth Bader Ginsburg once observed that “it’s hard not to have a big year at the Supreme Court.”

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ClimateChange-ClimateLaw

DECEMBER 11, 2023

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

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ClimateChange-ClimateLaw

MARCH 13, 2023

Following the 2007 landmark Supreme Court case Massachusetts v. These emissions standards were significantly loosened in the last year of the Trump Administration. In 2021 the Biden Administration reversed the Trump-era rollbacks and instituted the strictest-ever vehicle GHG emissions standards in a move aimed at preventing 3.1

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ClimateChange-ClimateLaw

JULY 2, 2021

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. climate litigation charts. Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. and non-U.S. FEATURED CASE.

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SCOTUSBlog

OCTOBER 7, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Last term, the court dismissed as improvidently granted, or “DIG”ed , a case brought by Republican-controlled states challenging the government’s repeal of a Trump-era immigration policy known as the “public charge” rule.

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LettersBlogatory

JANUARY 17, 2022

But on the other hand, the rule unified the procedure in law and equity. Historically, there were separate systems of courts for the common law (common pleas, the king’s bench) and equity (chancery), which still exists in some states. How did the Supreme Court approach the problem? It would make for better lawyers.

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SCOTUSBlog

JUNE 15, 2022

Share The Supreme Court on Wednesday threw out an effort by Arizona and 12 other states with Republican attorneys general to defend a contentious Trump-era immigration policy known as the “public charge” rule after the Biden administration refused to do so. The states went to the U.S.

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SCOTUSBlog

JULY 21, 2022

Share The Supreme Court will again weigh the executive branch’s authority to set immigration policy as some red states claim that the Biden administration’s enforcement decisions are too lax. The justices will hear the case in late November without waiting for a federal appeals court to weigh in. In a filing by U.S.

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SCOTUSBlog

FEBRUARY 1, 2022

Court of Appeals for the District of Columbia Circuit, to fill the vacancy left by the retirement of Justice Stephen Breyer, he will take his mission to diversify professional representation to the next level, putting a former federal public defender on the highest court in the land. Sentencing Commission. Sentencing Commission.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Env’t Prot.

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SCOTUSBlog

FEBRUARY 23, 2022

Share The Supreme Court heard oral argument on Wednesday in a case involving whether a group of states can defend a contentious Trump-era immigration policy known as the “public charge” rule after the Biden administration refused to do so. After nearly 90 minutes of debate in Arizona v.

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