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FDA originally set the PMTA deadline as August 8, 2022, but a district court in Maryland ordered FDA to shorten it. Going through “[f]our well-established and longstanding principles of administrativelaw,” the Court explained how any one of such principles “independently require that result.”
But in addition to that plain-vanilla administrativelaw question, the petition has a second question that is a potential blockbuster: Whether the court should overrule Chevron or at least clarify whether statutory silence about the matter of payment constitutes an ambiguity requiring deference to the agency. record requested Oct.
This is a brief account of some of the important environmental and administrativelaw cases recently decided. The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court?
The FCC has already issued such an extension three times since the initial compliance deadline of May 26, 2015, as the NAB contends that there still is no workable technology that can perform the functions required by the rule (see our Broadcast Law Blog article here from the last extension 5 years ago).
PJM Interconnection had identified grid congestion across the Pennsylvania-Maryland border and concluded that such congestion had led to approximately $800 million in costs from 2012 to 2016.
That history includes this notable entry of the court: “During the prehearing discovery phase, Defendants obtained nine subpoenas for Abdelhady ‘s medical and law firm records from the administrativelaw judge (ALJ) presiding over her claim. Id. ¶ 174. I d. ¶ 154.
The court found that the Commission adequately explained its rationale for rejecting the dollar figure adopted by the administrativelaw judge. Anne Arundel County, Maryland filed a motion in federal court in Maryland to remand its case to state court. King County v. BP p.l.c. , 2:18-cv-00758 (W.D. June 28, 2021).
The work is not entirely glamorous, however: The court’s docket also includes a steady diet of lower-profile (although still important) administrative-law cases, including appeals of orders issued by the Federal Energy Regulatory Commission. After Biden nominated Merrick Garland, then a judge on the D.C. Josh Hawley, R-Mo.,
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