Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025, ruling by the United States Supreme Court....more
While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more
Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025.
On a quick look, banning an online forum where millions of Americans...more
Chevron deference has ended, and with it the significant judicial deference to federal agency interpretations of silences or ambiguities in Congressional statutes....more
The final week of June was a big one for those who have been following what seems to be a constriction of federal agency power under Chief Justice Roberts. A decision in Securities and Exchange Commission v. Jarkesy came on...more
In another notable 6-3 decision following the end of Chevron deference, the Supreme Court of the United States on July 1, 2024, reiterated that suits against federal agencies challenging an agency rule begin to accrue when a...more
In its 6-3 opinion on June 28, 2024, the Supreme Court of the United States ended forty years of the federal courts’ near-complete deference to federal administrative agencies in questions of statutory interpretation....more
The pending challenge to federal Chevron deference took its next step forward on January 17, 2024, when the U.S. Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo....more
Chevron deference has been a staple of American federal jurisprudence since its implementation in 1984. The case, Chevron U.S.A., Inc. v. National Resources Defense Council, Inc., 467 U.S. 837, arose from EPA’s adoption of a...more
The Clean Water Act (“CWA”) regulates the discharge of certain “pollutants” into waters of the United States (“WOTUS”). Should shrimp trawlers be subject to the regulatory framework under the CWA when they return “bycatch”...more
The City of Chicago found itself at the Supreme Court of the United States. The City had refused to accede to demands by debtors in bankruptcy to turn over the debtors’ impounded cars which, at least prima facie, belonged to...more