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Supreme Court in West Virginia v. Environmental Protection Agency has shed light on how the court's decision could significantly limit the federal government's efforts to address climate change, and reshape administrativelaw and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.
In this case, for example, Circuit City Stores, which filed its bankruptcy case in Virginia, paid over $500,000 more in fees than it would have paid had it filed a few hundred miles to the south in North Carolina. Justice Sonia Sotomayor’s brief opinion for the court treated the case as a simple one.
of Reston, Virginia. The Commission has also determined to refer this matter to the Chief AdministrativeLaw Judge (“CALJ”) for assignment to an administrativelaw judge (“ALJ”) for appropriate proceedings and an initial advisory opinion (“IAO”).
Issue : Whether the dormant commerce clause prohibits Pennsylvania from extending its lending laws beyond its borders to loans that out-of-state lenders make to Pennsylvania residents at brick-and-mortar stores in Delaware, Virginia, and Ohio. City of Oakland, California v. Oakland Raiders. Disclosure : Goldstein & Russell, P.C.,
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).
As we’ve reported in previous weekly updates, the FCC’s Media Bureau has issued a hearing designation order referring questions about Standard General Broadcasting’s proposed acquisition of the TEGNA broadcast stations to an AdministrativeLaw Judge (ALJ) for an evidentiary hearing.
A state administrativelaw judge found one late-2016 transfer to have violated FNHRA and ordered Talevski returned to VCR; the family chose to move him to a different facility. Virginia Hospital Association (1990), and hold that spending clause enactments are not enforceable through Section 1983. Arguments of HHC.
PJM determined that a project proposed by Transource consisting of new transmission lines running from West Virginia to Maryland would reduce this congestion and provide net positive economic benefits. PJM therefore concluded that there was a public need for the project, based on FERC-approved methods for determining public need.
Light, “The Law of the Corporation as Environmental Law,” 71 Stanford Law Review 137 (2019) (arguing for expanding the boundaries of environmental law); Eric W. Orts, Reflexive Environmental Law, 89 Northwestern University Law Review 1227 (1995); Dennis D. cit [50] See, e.g., West Virginia v.
But the 5th Circuit wrote that this case “may … attract the [Supreme] Court’s interest” because “[i]t tees up one of the fiercest (and oldest) fights in administrativelaw: the Humphrey’s Executor ‘exception to the general ‘rule’ that lets a president remove subordinates at will.” Florida and Moore v.
The US Supreme Court Thursday ruled that the Environmental Protection Agency (EPA) does not have the authority under section 111(d) of the Clean Air Act to enforce proposed power plant emission limitations in West Virginia v. ” In West Virginia v.
In an article published in 2014, law professor Thomas Merrill suggested that the Chevron decision was not regarded as a particularly consequential one when it was issued. But in the decades since then, it became one of the most significant rulings on federal administrativelaw, cited by federal courts more than 18,000 times.
Notably, the court has accepted a variety of other cases that could curtail agency authority, including West Virginia v. is a 1984 administrativelaw case that has come to embody the role of federal agencies in not just enforcing but creating law. Chevron USA Inc. Natural Resources Defense Council Inc.
Petitioners also argue that the potential economic and political ramifications of the standards are so great that EPA’s rule violates the so-called “major questions doctrine,” a relatively new and quickly evolving concept in administrativelaw. This doctrine was recently and prominently applied by the Supreme Court in West Virginia v.
Virginia , where race-based classifications were challenged despite similar legislative justifications. She seeks to clarify the legal characterization of the law, emphasizing that both age and sex distinctions could be at play and arguing for heightened scrutiny if a sex-based line is indeed drawn.
Joe Manchin of West Virginia became the first Democrat to formally oppose her confirmation. For a further discussion of Sohn’s withdrawal and its implications for broadcast regulation, see the article on our Broadcast Law Blog, here. Sohn’s withdrawal came shortly before Sen.
Virginia Federal Court Said Challenge to NEPA Regulations Was Not Justiciable. Wild Virginia v. The court found that the Commission adequately explained its rationale for rejecting the dollar figure adopted by the administrativelaw judge. WildEarth Guardians v. Steele , No. 9:19-cv-00056 (D. June 24, 2021).
The Scramble to Identify Major Questions in AdministrativeLaw In its June 2022 decision in West Virginia v. The West Virginia majority opinion suggests a two-prong framework for the major questions doctrine. (A Nebraska , invalidating the Biden Administration’s student loan forgiveness program. Env’t Prot.
A state administrativelaw judge agreed that Greene’s “heated rhetoric may well have contributed to the environment that ultimately led to” the attack on the Capitol, but he concluded that she had not engaged in an insurrection. In 2022, Georgia officials rebuffed a challenge to U.S. Marjorie Taylor Greene’s eligibility.
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