On January 24, 2025, the Trump Administration asked the U.S. Supreme Court to pause briefing in several cases on the current merits docket. In making the request, Acting Solicitor General Sarah Harris explained that the new...more
1/30/2025
/ Biden Administration ,
Clean Air Act ,
Clean Energy ,
Department of Education ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Regulatory Agenda ,
Regulatory Reform ,
Renewable Energy ,
Renewable Fuel ,
SCOTUS ,
Trump Administration
On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a lengthy opinion, vacated the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rules in Alliance for Fair...more
12/24/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Board of Directors ,
Cybersecurity ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
En Banc Review ,
Environmental Social & Governance (ESG) ,
Nasdaq ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Vacated
On June 28, 2024, the U.S. Supreme Court sent shockwaves across the administrative law landscape when it handed down Loper Bright Enterprises v. Raimondo, overruling the 40-year-old Chevron doctrine and its two-step framework...more
Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more
7/11/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
OSHA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment
Last week, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held that the six-year statute of limitations that applies to facial challenges of agency action under the...more