In his second week in office, President Trump fired Gwynne Wilcox (a member of the NLRB). The firing was communicated by an email sent from the Deputy Director of the Office of Presidential Personnel with a statement from the...more
2/17/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Department of Energy (DOE) ,
Executive Orders ,
FERC ,
Government Agencies ,
NLRB ,
Regulatory Reform ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration
In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more
9/16/2024
/ Administrative Procedure Act ,
Ambiguous ,
Appeals ,
Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Restaurant Industry ,
SCOTUS ,
Statutory Interpretation ,
Tipped Employees
On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set...more
7/3/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Tribal Governments ,
Tribal-State Gaming Compacts
On the last day of the 2023–24 term, the Supreme Court issued its decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System—and held that a claim under the Administrative Procedure Act does not accrue...more
At the tail end of the 2023–24 term, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—reversing the 40-year-old Chevron doctrine....more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment...more
5/16/2024
/ Administrative Procedure Act ,
Congressional Review Act ,
Cost Allocation ,
Electricity ,
Energy Sector ,
Federal Power Act ,
FERC ,
Final Rules ,
Notice of Proposed Rulemaking (NOPR) ,
Right of First Refusal ,
Transmission Planning ,
Utilities Sector