3 1 8 Allie Reed of Bloomberg Law has published a thought-provoking piece on the effect of legal challenges to offshore wind projects and the Justice Department's and developers' responses to those challenges. Some of...more
The National Oceanic and Atmospheric Administration is pressing ahead with its plan to ban Fast Ferries between the Massachusetts mainland and Martha's Vineyard and Nantucket between November 1st and May 30. I first wrote...more
Three cases, all argued this term before the United States Supreme Court and likely to be decided in June, carry major implications for litigation between federal agencies and regulated entities. Depending on the Court’s...more
COMPETITION - Non-opposition to a notified concentration (Case M.11211 - Georg Fischer / Uponor) - Commission clears acquisition of Nexity Lamy and Oralia Partenaires by Bridgepoint (M.11447) - Midday Express...more
COMPETITION - Digital Markets Act: the application by Bytedance (TikTok) seeking suspension of the Commission decision designating it as a gatekeeper is dismissed (See CPR No.28/2024 - Order of the President of the General...more
COMPETITION - Opinion of Advocate General Emiliou of 8 February 2024 in Case C‑425/22, MOL Magyar Olaj- és Gázipari Nyrt. Vs. Mercedes-Benz Group AG...more
COMPETITION - Prior notification of a concentration (Case M.11380 - Inpex / KHI / Iwatani / JSE) - Commission clears creation of joint venture by MC, DTHAG and MMC (M.11424) - Midday Express...more
On September 27, 2023, environmental law organization ClientEarth released a report highlighting the growing potential for legal risk associated with biodiversity loss in the agriculture and seafood sectors, the currently...more
The U.S. Environmental Protection Agency's (EPA) Clean Ports Program is a $3 billion program established by the Inflation Reduction Act (IRA) to fund zero-emission (ZE) port equipment and technology, as well as assist U.S....more
The Supreme Court of the United States has agreed to reconsider the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute that US Congress delegated to the...more
On Thursday, October 12, 2023, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of the United States Department of the Interior and Vineyard Wind, and denied...more
Chevron deference is squarely in the U.S. Supreme Court’s crosshairs. The Court has had on its October docket an appeal in Loper Bright Enterprises v. Raimondo, which challenges the long-standing doctrine. First established...more
Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more
Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more
The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more
The Clean Water Act (“CWA”) regulates the discharge of certain “pollutants” into waters of the United States (“WOTUS”). Should shrimp trawlers be subject to the regulatory framework under the CWA when they return “bycatch”...more
The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more
This week, in North Carolina Coastal Fisheries Reform Group, et al., v. Capt. Gaston LLC, a three judge panel of the Fourth Circuit Court of Appeals agreed with a District Court Judge that when shrimpers use nets to catch...more
The Canadian Federal Government's Greenhouse Gas Pollution Pricing Act, now entering its fifth year since enactment, presents unique challenges and opportunities for farmers, greenhouse operators, and fishermen. As key...more
On July 13, 2023, Governor Tina Kotek signed into law SB 498, which provides a new Oregon estate tax exemption for up to $15 million (the NR Exemption) of natural resource property that is used in a decedent’s farming,...more
The U.S. Supreme Court has agreed to hear a case challenging its landmark 1984 decision in Chevron v. Natural Resources Defense Council. The high court’s ruling could have important implications on federal officials’...more
Posted on June 7, 2023 by Sam Gutter Here in Falmouth, Massachusetts, on Cape Cod, we look across Buzzards Bay towards New Bedford. Long a town in need of an economic fix, New Bedford was once the capital of the whaling...more
The U.S. Supreme Court said Monday that it will take up a dispute between the Biden administration and commercial fishing companies that presents the Court with a chance to overrule its decision in Chevron v. National...more
The U.S. Supreme Court has agreed to hear a case in which the petitioners are challenging the continued viability of the Chevron framework that courts typically invoke when reviewing a federal agency’s interpretation of a...more
The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron...more