News & Analysis as of

Auer Deference

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more

Chairman Goodlatte Outlines Sweeping Agenda for House Judiciary Committee

by Foley & Lardner LLP on

With Washington undergoing a transformation the likes of which has not been seen in decades, House Judiciary Committee Chairman Bob Goodlatte recently outlined his committee’s priorities for the 115th Congress. Speaking at an...more

Chevron Deference and the Proposed “Separation of Powers Restoration Act of 2017”

by Kelley Drye & Warren LLP on

During its first month in session, Congress has proposed several pieces of legislation designed to reverse the dramatic shift in power over the last 50 years from Congress to the Executive. The Regulatory Accountability Act...more

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

by Tucker Arensberg, P.C. on

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

They’re Just Not That into You: A Brief Summary of How Federal Courts Have Treated the CFPB’s Interpretations of Statutes and...

by K&L Gates LLP on

Since its creation in 2011, the Consumer Financial Protection Bureau (“CFPB”) has exercised its broad authority to regulate a wide swath of the consumer financial services industry. While the CFPB has the authority to engage...more

Warning Letters and Jurisfiction

by Reed Smith on

“Jurisfiction” is a word coined by Jasper Fforde, author of the Tuesday Next series, one of the more sophisticated set of children’s works that has come to populate this post-Harry Potter era. To be very brief, Jurisfiction...more

Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting

by Holland & Knight LLP on

On March 20, 2013, the U.S. Supreme Court issued an opinion in Decker v. Northwest Environmental Defense Center that addresses the issue of "whether the Clean Water Act and its implementing regulations require permits before...more

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