SCOTUSBlog

JANUARY 6, 2023

The guard, moreover, questioned the applicability to the technicians of various federal labor statutes, especially the Federal Service Labor-Management Relations Statute , a 1978 law that established collective-bargaining rights for most employees of the federal government.

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SCOTUSBlog

NOVEMBER 4, 2022

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

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Statute Court Entertainment Administrative Law 115

SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause.

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Stare Decisis Administrative Law Statute Government 84

Constitutional Law Reporter

JUNE 4, 2021

Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court unanimously held in Carr v. Facts of the Case. Thereafter, the U.S.

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Statute Administrative Law Entertainment Court 52

Patently O

OCTOBER 18, 2023

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended).

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SCOTUSBlog

APRIL 22, 2024

The case here involves administrative proceedings under the National Labor Relations Act. Under the statutory framework, the NLRB files an administrative complaint, which launches an agency proceeding before an administrative law judge, whose decision is subject to review by the NLRB and then, in due course, in the federal courts of appeals.

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Constitutional Law Reporter

DECEMBER 14, 2022

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

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Administrative Law Constitutional Law Statute Court 52

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

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. Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

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SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. rescheduled before the Nov. 10 and Jan.

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Statute Court Education Administrative Law 103

SCOTUSBlog

JANUARY 14, 2023

Courts already have an affirmative obligation to test their subject-matter jurisdiction (their authority to hear parties’ claims) at all stages of litigation. Moreover, the government argues that the INA’s administrative-review scheme and implementing regulations require presentation of specific issues to the BIA for exhaustion.

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Immigration Court Government Statute 81

ClimateChange-ClimateLaw

JANUARY 22, 2024

In 2020, the PUC Administrative Law Judge (ALJ) denied Transource’s permit application on the basis that the project would increase wholesale rates in Pennsylvania and therefore failed to serve a public need under Pennsylvania law, despite providing benefits elsewhere within PJM’s territory.

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Intelligize Blog

JULY 9, 2024

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., That decision established that courts should defer to the interpretations of federal agencies when it comes to ambiguous legal statutes.

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Court Decisions Court Statute Administrative Law 109

Broadcast Law Blog

JULY 17, 2018

The FCC had a large staff of Administrative Law Judges who heard these cases, and they were usually quite busy. The process by which the ALJ conducts the hearing is set out in the statute and by FCC rules. Usually, the FCC will have its own attorneys playing a part in the case, conducting discovery (e.g.

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Court Reporting Court Reporter Depositions Administrative Law 40

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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Laws Law School Government Legal 98

Patently O

JUNE 17, 2024

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 administrative law.

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Entertainment Construction Work From Home Statute 45

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. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 147.

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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.

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Stare Decisis Court Statute Government 145

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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Legal Legal Court Statute 64

ClimateChange-ClimateLaw

MARCH 13, 2023

Texas Attorney General Ken Paxton has openly stated that the purpose of this litigation is to protect the fossil fuel industry , and the only representatives of the automotive industry in the case have entered to defend EPA’s new standards. This doctrine was recently and prominently applied by the Supreme Court in West Virginia v.

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Manufacturing Government Court Administrative Law 56

SCOTUSBlog

OCTOBER 7, 2022

In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution of other litigation, pending or future, related to” the rule. This week, we highlight cert petitions that ask the court to consider, among other things, the ongoing public charge litigation.

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Immigration Litigating Litigation Administrative Law 90

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight. Env’t Prot.

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Statute Court Government Administrative Law 83