The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
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
On May 5, 2022, Attorney General Merrick Garland announced key developments that would elevate environmental justice (EJ) as a key priority for the nation’s largest and most powerful enforcement agency. These historic...more
Attorney General Merrick Garland recently delivered remarks to the ABA Institute on White Collar Crime, reinforcing previous commitments by top DOJ officials to an increased emphasis on prosecuting corporations and...more
At a recent conference, the newly confirmed Assistant Attorney General for the Environment and Natural Resources Division (ENRD), Todd Kim, delivered remarks strongly signaling an increased focus on prosecuting companies and...more
On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental...more
On November 7, Joe Biden was projected to become President-elect. This news alert provides a high-level review of issues to watch and changes to expect in a Biden administration. Although the makeup of the Senate is not yet...more
If Joe Biden is elected President, and the Democrats win control of both the House and Senate, the new Administration could potentially use the Congressional Review Act (“CRA” or “Act”) to reverse recent and still-to-come...more
The Department of Justice’s Environment and Natural Resources Division (ENRD) will no longer allow Supplemental Environmental Projects (SEPs) to be used in its civil settlements. In a 19-page memo dated March 12, 2020, ENRD...more
On August 21, Jeffrey Clark, the Assistant Attorney General (AAG) for the Environment and Natural Resources Division, issued a memorandum diminishing state and local governments’ ability to use supplemental environmental...more
In a memorandum issued earlier this month, the U.S. Department of Justice (DOJ) clarified how a policy prohibiting settlement payments to third parties, announced in June 2017, will apply in cases handled by DOJ’s...more
In a unanimous opinion, the Supreme Court today held that lawsuits challenging the 2015 rule amending the definition of waters of the United States (WOTUS Rule) under the Clean Water Act (CWA) must be brought in federal...more