Four decades after the Supreme Court’s foundational decision in Chevron v. Natural Resources Defense Council, the Court has abandoned the rule established in that case: that courts should defer to executive agencies’...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S....more
In This Issue: Battery and Energy Storage Systems -
2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all...more
6/24/2024
/ Acquisitions ,
Batteries ,
Clean Energy ,
Electric Vehicles ,
Electricity ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
FERC ,
Mergers ,
Renewable Energy
While the technology of battery energy storage has advanced rapidly, the law surrounding the permitting and siting of such systems has often been slow to catch up. As a consequence — whether due to local caution or local...more
The Massachusetts Attorney General recently issued a written opinion denying approval of a zoning bylaw amendment passed by the Town of Wendell, which would have prohibited stand-alone battery energy storage facilities in all...more
The United States Supreme Court on Tuesday released its opinion in Carson v. Makin, holding that Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise...more
6/28/2022
/ Constitutional Challenges ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Free Exercise Clause ,
No Aid Clause ,
Religious Discrimination ,
Religious Schools ,
SCOTUS ,
State Aid ,
Strict Scrutiny Standard ,
Tuition
The Constitution’s Article II “Appointments Clause” requires the President, with the advice and consent of the Senate, to appoint “officers” of the United States. In United States v. Arthrex, Inc., the Supreme Court reviewed...more
6/24/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
The United States Supreme Court today released its opinion in Mahanoy Area School District v. B.L., holding that the First Amendment protects most student speech from school disciplinary measures if such speech was not made...more
The United States Supreme Court today released its opinion in NCAA v. Alston, holding unanimously that the National Collegiate Athletic Association’s (NCAA) prohibition on providing student-athletes with “education-related...more
For the third time since its passage, the United States Supreme Court has saved the Affordable Care Act (“ACA”) from a legal challenge. In a 7-2 decision in California v. Texas, the Court held that several Republican-led...more
June 3, 2021 On May 28, 2021, Governor Charlie Baker issued two executive orders lifting many of the COVID-19-related restrictions and limitations imposed over the past 15 months, setting in motion the eventual rescission of...more
6/3/2021
/ Capacity ,
Coronavirus/COVID-19 ,
Executive Orders ,
Governor Baker ,
Legislative Agendas ,
Modification ,
Public Health ,
Re-Opening Guidelines ,
State and Local Government ,
State Legislatures ,
State of Emergency ,
Vaccinations
As battery energy storage systems become a more common element of renewable projects, developers are increasingly adding the need to obtain fire code permits to their list of necessary project permits and approvals. Yet...more
This morning, Governor Charlie Baker made a major announcement accelerating the Massachusetts COVID-19 reopening plan.
On May 29, 2021, the Commonwealth will lift all industry COVID restrictions and lift all capacity...more
On April 27, 2021, Massachusetts Governor Charlie Baker announced a timetable for reopening (or increasing capacity) of businesses starting on May 10, with additional easing of restrictions planned for May 29 and August 1....more
December 23, 2020 On December 22, 2020, in response to the escalating concerns about the potential of a post-Christmas COVID-19 surge like that experienced after Thanksgiving, Massachusetts Governor Charlie Baker issued...more
The Massachusetts Supreme Judicial Court on December 10, 2020 rejected a broad challenge to Governor Baker’s authority to issue emergency orders intended to combat the ongoing COVID-19 pandemic. Rejecting both the plaintiffs’...more
On November 10, 2020, the U.S. Supreme Court held oral arguments in California v. Texas (Dkt. No. 19-840), a case in which the Trump administration and several Republican-led states have asked the Court to strike down the...more
Various media outlets are reporting that President-elect Joe Biden already has plans to sign a series of executive orders shortly after being sworn into office in January. While some of these planned executive orders will...more
12/4/2020
/ Administrative Procedure Act ,
Biden Administration ,
DACA ,
Executive Orders ,
Interim Final Rules (IFR) ,
OIRA ,
OMB ,
Regulatory Freeze ,
Repeal ,
Reversal ,
Rulemaking Process ,
Trump Administration
On November 2, 2020, in response to the growing COVID-19 pandemic, Massachusetts Governor Charlie Baker issued several new measures to help curb the spread of COVID-19 across the state. The measures go into effect at 12:01am...more
On November 10, 2020, the United States Supreme Court is scheduled to hold oral argument in California v. Texas (Dkt. No. 19-840), a case in which the Trump administration and several Republican-led states have asked the...more
On May 18, 2020, Governor Baker announced a four-phase reopening plan for Massachusetts. Of particular importance for Massachusetts business, the Reopening Plan will allow many businesses to reopen in a phased manner, albeit...more
April 30, 2020 The announcement is not altogether surprising, as Governor Baker has long urged a cautious approach to re-opening and stressed the need for additional testing. At the same time he extended the Order, Governor...more
On April 10, 2020, the Internal Revenue Service (“IRS”) released frequently asked questions (FAQs) to address specific issues relating to the deferral of the employer portion of Social Security taxes under the Coronavirus...more
On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed...more
On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed...more