Notorious: The RBG Podcast - Episode 11: Three Cheers for Beer: A Discussion of Craig v. Boren
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Revlon Doctrine
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
On August 27, 2024, the Drug Enforcement Administration (DEA) has scheduled an ALJ hearing to consider briefs, evidence and witnesses from “interested parties” in connection with the DEA’s proposed rulemaking to reschedule...more
On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed...more
In a historical opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, released at the end of June, the U.S. Supreme Court overturned the “Chevron” doctrine, which for so long had controlled judicial review...more
For 40 years, the Chevron Doctrine has been a prominent precedent in administrative law allowing courts to defer to an agency’s interpretation of an ambiguous statute or regulation. The Chevron Doctrine has been overturned by...more
The Supreme Court has now concluded its most recent term, and in its final two days handed down two decisions with major implications in the area of administrative law (each by a 6-3 margin). And while their precise...more
As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more
As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more
The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s ruling, holding that the Lanham Act does not foreclose an Administrative Procedure Act (APA) action for judicial review of the US Patent...more
On April 30, 2024, the Associated Press (AP) reported the Drug Enforcement Administration (DEA) will propose a rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). More...more
On March 6, 2024, the Securities and Exchange Commission (SEC or the Commission) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. We previously provided a summary of the content of that final...more
In its frequent attempts to enforce the separation of powers that the Constitution’s framers devised as a system of checks and balances among the executive, legislative, and judicial branches of the federal government, it 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
On August 17, 2022, the U.S. Court of Appeals for the Fifth Circuit held that a Department of Labor (“DOL”) advisory opinion, which found that an insurance plan was not governed by ERISA, was unenforceable under the...more
Enacted in 1946, the Administrative Procedure Act (APA) has provided a lasting framework for federal agency rulemaking and adjudication, as well as establishing the power of the federal courts to exercise judicial review over...more
PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more
ALARM.COM INC. v. HIRSHFELD - Before Taranto, Chen, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: The Administrative Procedure Act (APA) permits judicial...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more
M&A in the media industry is about to pick up. Recently, the U.S. Supreme Court upheld the U.S. Federal Communications Commission’s (FCC) 2017 rollback of media ownership limits. Media companies that once avoided specific...more
In a unanimous decision, the Supreme Court voted to uphold a decision by the FCC to deregulate ownership of television broadcast stations. The Commission proposed the rule change in 2017 under Trump-appointed FCC chair Ajit...more
The U.S. Supreme Court’s decision in FCC v. Prometheus Radio Project et al. is significant for both the decision’s effect on the regulation of the broadcast television industry and its clarifications of administrative law. ...more
On April 1, 2021, in Federal Communications Commission v. Prometheus Radio Project, the Supreme Court unanimously held that a decision by the Federal Communications Commission (FCC) to repeal or modify three ownership rules...more
The U.S. Supreme Court issued a significant decision regarding the Administrative Procedure Act’s (“APA”) arbitrary-and-capricious standard. In FCC v. Prometheus Radio Project, the Court upheld a decision by the Federal...more
On April 1, 2021 the U.S. Supreme Court decided FCC v. Prometheus Radio Project, holding that the Federal Communication Commission’s (FCC) 2017 decision to repeal or modify three of its media-ownership rules was not arbitrary...more
One salutary feature of administrative law—the core practice of many environmental litigators—is its predominant neutrality. There is nothing partisan about the principles that an agency must draw a “rational connection...more