Gravel2Gavel

JUNE 22, 2021

environmental and administrative law cases recently decided. The federal government depends on the service of thousands of Administrative Law Judges (ALJs), most of whom are appointed or selected by the head of an agency or internal agency boards. by Anthony B. What follows is a brief account of some of the notable U.S.

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SCOTUSBlog

NOVEMBER 29, 2021

Becerra , a sleeper of a case involving billions of dollars in federal spending and a chance to reshape two doctrines at the heart of administrative law. Drugs, money, and the law: Sounds sexy, right? A drug’s “average price” is fixed elsewhere in the Medicare statute, typically at 106% of the drug’s sale price.

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SCOTUSBlog

APRIL 23, 2021

In this case, for example, the claimants in agency proceedings from 2013 to 2015 did not know that a 2018 decision of the Supreme Court would invalidate the SSA’s process for appointing administrative law judges, and so they did not complain about that process before the agency.

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SCOTUSBlog

NOVEMBER 27, 2023

When it applies, it is because the right in question is a “public” right that would not have required the kind of “[s]ui[t] at common law” to which the Seventh Amendment applies. The third question in the case is whether the Constitution allows Congress to give the SEC’s administrative law judges protection from removal.

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SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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SCOTUSBlog

JUNE 28, 2024

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. Under the APA,” Roberts concluded, “it thus remains the responsibility of the court to decide whether the law means what the agency says.”

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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.

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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

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.” military veterans.

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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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SCOTUSBlog

NOVEMBER 29, 2021

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. That doctrine, first applied in 1984 in Chevron U.S.A. The Chevron analysis involves two steps.

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SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

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Patently O

APRIL 1, 2022

.” This quote comes from the USPTO mandatory survey of registered practitioners and is only loosely based upon the most on-point statute and regulations. Rather, Rule 11.111 limits Federal Employees from acting “contrary to applicable Federal ethics law, including conflict of interest statutes.” 18 U.S.C. §

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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. Those are the two statutes we have. Again, what am I missing?

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SCOTUSBlog

APRIL 2, 2022

The compact, agreed to in 1953, formed the Waterfront Commission of New York Harbor and granted it broad regulatory and law-enforcement powers over operations at the port. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. 27, 2021, it formally notified New York that it intends to withdraw.

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SCOTUSBlog

NOVEMBER 30, 2023

The justices said not a word about the second challenge, and they made only one offhand comment about the third challenge, when Justice Brett Kavanaugh suggested in passing that the administrative law judges’s appointments won’t pass muster with him.

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SCOTUSBlog

NOVEMBER 30, 2021

Share On Monday, the Supreme Court heard oral argument on a Medicare case that will have significant financial consequences for safety-net hospitals and could have implications for the Chevron doctrine , a core principle of administrative law. At its core, the case, Becerra v. Little was clarified by either side’s arguments.

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Patently O

JULY 10, 2022

That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. I would suggest compensation as a distinguishing mark applies for the parallel statute 18 U.S.C. § Drew Hirshfeld in his role as agency head affirmed the ALJ finding. EPA , 202 F.3d 3d 296 (D.C. Pickering v.

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JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Patently O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. ” 5 U.S.C. § Iancu , 138 S.

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SCOTUSBlog

APRIL 26, 2021

First, in subparagraph (A) of Section 7545(o)(9), labeled “Temporary exemption,” the statute provided that small refineries need not comply with the RFS program until 2011. . § 7545 — those whose “average aggregate daily crude oil throughput is 765,000 barrels or less for a calendar year.”. Natural Resources Defense Council, Inc. Swift Co. ,

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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Statute Construction Contract Court 52

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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Gravel2Gavel

NOVEMBER 22, 2021

The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. by Anthony B. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. Truck Trailer Manufacturers Association, Inc. See 81 FR 73478.)

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Gravel2Gavel

MAY 27, 2021

This is a brief account of some of the important environmental and administrative law 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?

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LettersBlogatory

DECEMBER 8, 2022

The Defense Base Act is a federal statute that gives a worker’s compensation-like benefit to employees of US government and military contractors injured at work overseas. I have been retained by counsel prosecuting these cases to consult and, in some cases, to provide expert declarations for the use of the administrative law judges.

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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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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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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Natural Resources Defense Council , 467 U.S.

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Statute Cause of Action Entertainment Court 52

Patently O

FEBRUARY 28, 2021

The PTO Director is charged by statute with providing policy direction and management supervision to the Office, including the Board. That case is looking at whether administrative law judges deciding cases under the Social Security Act should have been appointed by the President. I also contacted Mark Perry for some commentary.

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Constitutional Law Reporter

DECEMBER 14, 2022

1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Axon Enterprise, Inc. Norfolk Southern Railway Co.:

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Administrative Law Constitutional Law Statute Court 52

Day on Torts

SEPTEMBER 22, 2021

After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant. 27-9-114 and § 45-3-322, which together establish that “[j]udicial review of an administrative agency’s action is within the exclusive jurisdiction of the Chancery Court.”

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Customs & International Trade Law

JULY 2, 2024

The Court ruled that since the law was ambiguous, the EPA (and other federal agencies) should have leeway to interpret the statute. This principle became known as “Chevron deference” and came to be one of the most consequential decisions in Administrative Law.

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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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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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Constitutional Law Reporter

MAY 30, 2023

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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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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