News & Analysis as of

Administrative Procedure Act Supreme Court of the United States

Goldberg Segalla

Haunted by the Ghost of Chevron Deference: Ripple Effects from the End of the Chevron Era

Goldberg Segalla on

You may think you’ve seen the last of Chevron deference, but in the year since SCOTUS pronounced the era of Chevron dead, it has garnered more attention than ever. As a reminder, Chevron deference was overturned in the 2024...more

Seyfarth Shaw LLP

TPS Venezuela: A Legal Whiplash with Real-World Consequences

Seyfarth Shaw LLP on

In a move that underscores the volatility of immigration policy under judicial review, the U.S. Supreme Court has once again intervened in the ongoing litigation surrounding the 2023 Temporary Protected Status (TPS)...more

Jenner & Block

Client Alert: Grant Terminations and Court of Federal Claims Litigation

Jenner & Block on

The Administration’s dramatic cutbacks to federal funding have changed the landscape and presented new and unprecedented challenges for funding recipients across a range of industries....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Rules That Commonsense Economic Principles Can Establish Standing

In Diamond Alternative Energy, LLC v. Environmental Protection Agency, the Supreme Court held that fuel producers have standing to sue the Environmental Protection Agency for approving California regulations that would...more

Blank Rome LLP

Where Grant Litigation Stands After the Supreme Court’s Jurisdictional Ruling in NIH

Blank Rome LLP on

The Supreme Court issued a fractured, 4-1-4 ruling on its emergency docket in National Institutes of Health v. American Public Health Association, No. 25A103, 606 U.S. ____ (2025) (per curiam) (“NIH”) on August 21, 2025....more

Shipman & Goodwin LLP

Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?

Shipman & Goodwin LLP on

Two recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While...more

Blank Rome LLP

Supreme Court Weighs in for a Second Time on Jurisdiction over Grant Termination Cases

Blank Rome LLP on

The Supreme Court recently ruled for the second time that federal district courts likely lack jurisdiction under the Administrative Procedure Act (“APA”) to hear challenges to terminations of federal grants. The first such...more

Pillsbury - Gravel2Gavel Construction & Real...

The Supreme Court’s Administrative and Regulatory Law Rulings in the 2024 Term and Preview of Cases to Be Decided in Fall 2025

This post reviews the U.S. Supreme Court’s significant regulatory and administrative law decisions from the Court’s 2024 Term and previews cases on the docket for Fall 2025. ...more

Brownstein Hyatt Farber Schreck

Caught Between Courts: Navigating Grant Termination Claims

Those doing business with the government may face an ogre’s choice at the intersection of two Supreme Court decisions and longstanding Federal Circuit precedent precluding jurisdiction over non-procurement contracts....more

Bradley Arant Boult Cummings LLP

Earmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTAB

The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more

Jones Day

Active Battle Over the California Clean Air Act Waiver Continues

Jones Day on

California's ability to set its own vehicle emission standards under its Clean Air Act waiver of federal preemption is in jeopardy given three joint congressional resolutions signed into law by President Trump on June 12,...more

Miles & Stockbridge P.C.

The Supreme Court Grant Termination Hokey Pokey: Put Your First Foot in the Court of Federal Claims and Your Second Foot (Maybe)...

The U.S. Supreme Court agreed last week to permit the National Institutes of Health (NIH) to terminate hundreds of grants related to diversity, equity and inclusion (DEI) initiatives worth approximately $800 million. The...more

Morrison & Foerster LLP

CPSC Declares a Regulatory “Turning Point”

Following two months of legal chaos, the U.S. Consumer Product Safety Commission (CPSC) appears to be charting a new course for consumer protection policy. On August 20, 2025, Acting Chairman Peter A. Feldman of CPSC issued a...more

Vinson & Elkins LLP

A New Two-Step Dance: Supreme Court Decision Complicates Relief for Government Grant and Contract Terminations

Vinson & Elkins LLP on

Organizations challenging an agency’s termination of a grant or government contract based on an allegedly illegal government policy need to master a two-step dance, according to a recent U.S. Supreme Court decision. Under the...more

K&L Gates LLP

Litigation Minute: A Year After Loper Bright: Lessons From a Legal Shake-Up

K&L Gates LLP on

What You Need to Know in a Minute or Less - In Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the 40-year-old doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,...more

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

Husch Blackwell LLP on

On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more

Womble Bond Dickinson

The Supreme Court Ends Nationwide Injunctions - Now What?

Womble Bond Dickinson on

You’ve probably heard about the Supreme Court’s decision in Trump v. CASA, Inc.—the “birthright citizenship case.” But the Court actually didn’t decide anything about who is a citizen....more

WilmerHale

Federal Agencies Issue New NEPA Procedures in Response to Executive Order 14154 and the Supreme Court’s Seven County Decision

WilmerHale on

The past month brought a flurry of updates from federal agencies publishing new procedures to implement the National Environmental Policy Act (NEPA), following President Trump’s Executive Order 14154 (EO 14154) in January...more

Benesch

Post Loper Bright, Courts Differ on How to Handle Skidmore

Benesch on

For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes....more

Brownstein Hyatt Farber Schreck

EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This...more

Littler

What Employers Need to Know About the Fate of Wider Relief After Trump v. CASA, Inc.

Littler on

On June 27, 2025, in Trump v. CASA, Inc., the U.S. Supreme Court held that universal injunctions—injunctions that prohibit the federal government from enforcing a law, regulation, order, or policy to any person, not just the...more

Foley Hoag LLP - Energy & Climate Counsel

EPA Introduces Rule To Repeal Endangerment Finding

On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger...more

Wiley Rein LLP

UPDATE: Trump Administration Asks Supreme Court to Stay Order Blocking NIH Grant Cancellations

Wiley Rein LLP on

On July 24, 2025, the Trump Administration turned to the U.S. Supreme Court to block U.S. District Judge Young’s preliminary injunction prohibiting the National Institutes of Health (NIH) from cutting hundreds of grant...more

Husch Blackwell LLP

Will Trump v. CASA Lead to Increased State AG Multistate Investigations and Litigation?

Husch Blackwell LLP on

On June 27, 2025, in its long-anticipated decision in Trump v. CASA, Inc., the U.S. Supreme Court significantly narrowed the ability of a single federal court to issue “universal” or “nationwide” injunctions—through which...more

Jackson Lewis P.C.

Mid-Year 2025

Jackson Lewis P.C. on

The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more

804 Results
 / 
View per page
Page: of 33

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide