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Supreme Court Expands Window to Challenge Federal Regulations Under APA

Plaintiffs not initially affected by a regulation may now bring an Administrative Procedure Act ("APA") challenge to the regulation up to six years after they are first affected....more

Supreme Court Rules Tax Penalty Does Not Bar Pre-Enforcement Regulatory Challenge

The Supreme Court held that a company may bring a pre-enforcement challenge under the Administrative Procedure Act ("APA") to an IRS reporting requirement backed by a tax penalty. On May 17, 2021, the U.S. Supreme Court...more

U.S. Supreme Court Delivers Procedural Win to Corporate Defendants in Climate Change Litigation

The U.S. Supreme Court held that the Fourth Circuit erred in its review of a remand order that would have kept Baltimore's climate change suit in state court. On May 17, 2021, in Mayor and City Council of Baltimore v. BP...more

U.S. Supreme Court Clarifies TCPA's Definition of "Autodialer"

The ruling should limit the FCC's ability to rewrite the statute through administrative action. In Facebook, Inc. v. Duguid, the Supreme Court resolved the interpretive question at the heart of the swarm of litigation...more

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