SCOTUSBlog

JUNE 27, 2022

Empire Health Foundation, the Supreme Court had yet another chance to topple the Chevron doctrine , a stalwart of administrative law under which courts generally defer to federal agencies’ interpretations of ambiguous statutes. Share On Friday, in Becerra v. Justice Elena Kagan wrote for the majority.

Government 103

Government Statute Court Drafting 103

FDA Law Blog

DECEMBER 3, 2023

Below, we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023 draft guidance. We do not address the technical and administrative details of the Discount Program here. The manufacturer will have 60 days to appeal the CMP before an administrative law judge (ALJ).

Manufacturing 105

Manufacturing Calendaring Statute Drafting 105

ClimateChange-ClimateLaw

AUGUST 8, 2023

23] The draft rule required them only if they are determined to be “material,” which has led to a considerable amount of confusion. [24] 51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. 24] SB 253 does not require materiality.

Laws 98

Laws Law School Government Legal 98

SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

Stare Decisis 145

Stare Decisis Court Statute Government 145

ClimateChange-ClimateLaw

JULY 2, 2021

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.” Among the inadequacies found by the court was Ecology’s failure to consider climate change in drafting the permits.

Court 49

Court Litigating Litigation Statute 49