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Supreme Court in WestVirginia 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.
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 determined that a project proposed by Transource consisting of new transmission lines running from WestVirginia 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.
Orts, Reflexive Environmental Law, 89 Northwestern University Law Review 1227 (1995); Dennis D. Hirsch, “Green Business and the Importance of Reflexive Law: What Michael Porter Didn’t Say,” 62 AdministrativeLaw Rev iew 1063 (2010); John S. cit [50] See, e.g., WestVirginia v. Times , Oct.
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 WestVirginia v. ” In WestVirginia 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 WestVirginia 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 WestVirginia v.
Joe Manchin of WestVirginia 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.
The Scramble to Identify Major Questions in AdministrativeLaw In its June 2022 decision in WestVirginia v. The WestVirginia majority opinion suggests a two-prong framework for the major questions doctrine. (A Nebraska , invalidating the Biden Administration’s student loan forgiveness program.
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