News & Analysis as of

Chevron Deference

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

Vedder Price

TCPA Turnstile: Living in a Post-McLaughlin World (TCPA Update Vol. 21)

Vedder Price on

Since our last TCPA update, the biggest development was the Supreme Court’s ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., which we wrote about here, which established that federal courts are not bound...more

Perkins Coie

Ninth Circuit Issues Significant Ruling on Bioengineered Food Disclosure Standard

Perkins Coie on

Key Takeaways - The U.S. Court of Appeals for the Ninth Circuit recently issued a decision in National Grocers v. Rollins that has the potential to significantly alter the current landscape of bioengineered food...more

Quinn Emanuel

The White Collar Appeal: Ninth Circuit Decision in Regulatory Crime Case Raises Thorny Constitutional Questions

Quinn Emanuel on

Background - Gregory Pheasant was riding a dirt bike without a working taillight on land owned by the Bureau of Land Management (BLM) outside Reno, Nevada. Apparently the scourge of inadequately illuminated dirt bikes has...more

Quinn Emanuel

The White Collar Appeal: Kirilyuk’s Luck Runs Out in his Second Trip to the Ninth Circuit Challenging the Meaning of “Loss” Under...

Quinn Emanuel on

Kirilyuk involved a complex, multi-year, international credit card fraud in which the government alleged Ruslan Kirilyuk and his co-conspirators stole account information for nearly 120,000 American Express cards, created...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from October 31, 2025

Maynard Nexsen on

The Alabama Supreme Court issued its weekly release list on Friday, October 31, which included the following orders and opinions of interest to the Alabama business community...more

American Conference Institute (ACI)

[Event] 8th Annual Summit on Life Sciences IP Due Diligence - December 3rd - 4th, Boston, MA

Attend ACI's 8th Annual Summit on Life Sciences IP Due Diligence, and join IP counsel from across the life sciences industry to benchmark your diligence strategies, strengthen portfolio valuation approaches, and stay ahead of...more

Perkins Coie

California Enacts Increased State Law Protections for Federally Listed Species

Perkins Coie on

California recently enacted Assembly Bill 1319, which provides increased state law protections for federally listed species that may be affected by rollbacks in the protections afforded under federal law. ...more

Davis Wright Tremaine LLP

Will Crypto Capital Find a Home in the U.S.?

Two recent scholarly articles, recent administrative law decisions, and the Report of the President's Working Group on Digital Assets ("PWG Report") may provide important clues for the potential future for the regulation of...more

Benesch

Ohio Supreme Court Rejects Deference to Industrial Commission in VSSR Proceedings

Benesch on

In State ex rel. Berry v. Industrial Commission, the Ohio Supreme Court ruled that courts are not required to defer to the Industrial Commission’s interpretations of Ohio’s specific safety requirements. Courts must instead...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Rejects Deference to Opinions of State Administrative Agencies

In last year’s Loper Bright decision, the U.S. Supreme Court eliminated the use of so-called Chevron deference to the opinions of federal administrative agencies. Even if the underlying statutory language is ambiguous,...more

Bracewell LLP

Post Loper-Bright, D.C. Circuit Upholds FERC's Interpretation of Power Facility Capacity Under PURPA

Bracewell LLP on

On September 9, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a decision in Broadview Solar that, for the first time, applied the Supreme Court’s new Loper-Bright framework to a Federal Energy Regulatory...more

McDermott Will & Schulte

3M Co. v. Commissioner: IRS shipwrecks hard on the shoals of Loper Bright

McDermott Will & Schulte on

3M Co. v. Commissioner, 136 AFTR 2d 2025-, (8th Cir.) (Oct.1, 2025), is perhaps the most significant tax case to date that implements Loper Bright’s instruction regarding evaluation of an agency’s exercise of delegated...more

Foley & Lardner LLP

Loper Bright's Evolving Application In Labor Case Appeals

Foley & Lardner LLP on

The U.S. Supreme Court‘s June 2024 ruling in Loper Bright Enterprises v. Raimondo went against decades of precedent requiring federal courts interpreting federal regulations to defer to the agencies responsible for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Jonathan Snare Confirmed to OSHRC: What It Means for OSHA Litigation Now

The U.S. Senate’s October 7, 2025, confirmation of Jonathan L. Snare to the Occupational Safety and Health Review Commission (OSHRC)—the three-member adjudicatory agency that has not had a commissioner since April 2025—was an...more

Goodwin

District Court Sets Aside FDA’s Interpretation of “Analogous” to a Protein for Purposes of the “Biological Product” Category

Goodwin on

On September 30, 2025, the U.S. District Court for the Southern District of Indiana issued a decision vacating the decision by the Food and Drug Administration (FDA) to regulate Eli Lilly’s “retatrutide” product as a drug...more

Troutman Pepper Locke

Divided Panel of the D.C. Circuit Upholds FERC’s Interpretation of PURPA Size Limitations Based on “Send Out” Capacity

Troutman Pepper Locke on

On September 9, 2025, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) on remand from the U.S. Supreme Court upheld FERC’s order granting Broadview Solar, LLC’s (“Broadview”) hybrid...more

Kilpatrick

5 Key Takeaways | Standing and Retroactivity in State Tax Litigation: Access, Authority, and Constitutional Limits

Kilpatrick on

Kilpatrick’s David Hughes joined other thought leaders who presented on the topic of “Standing and Retroactivity in State Tax Litigation: Access, Authority, and Constitutional Limits” at the Council for State Taxation 56th...more

Stoel Rives - Renewable + Law

D.C. Circuit Affirms FERC’s Definition of “Power Production Capacity” in Broadview Solar

On September 9, 2025, the D.C. Circuit in Solar Energy Industries Association v. FERC affirmed FERC’s prior decisions in Broadview Solar, holding that a qualifying facility’s capacity under the Public Utility Regulatory...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

Cadwalader, Wickersham & Taft LLP

D.C. Circuit Gives Proxy Advisory Firms a Pass

Appellate Court Holds That Firms’ Voting Recommendations Are Not “Solicitations” Under Section 14(a) of the Securities Exchange Act of 1934- On July 1, 2025, the U.S. Court of Appeals for the D.C. Circuit issued an...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

Verrill

EPA’s Proposed Reversal of the Greenhouse Gas Endangerment Finding—How Politics Drives Legal Reinterpretation of the Clean Air Act

Verrill on

On August 20, 2025, Massachusetts Attorney General Andrea Campbell, among several other state attorneys general, testified in opposition to the Environmental Protection Agency’s (EPA) proposal to reverse its 2009 finding that...more

Verrill

EPA’s Proposed Reversal of the Greenhouse Gas Endangerment Finding—How Politics Drives Legal Reinterpretation of the Clean Air Act

Verrill on

On August 20, 2025, Massachusetts Attorney General Andrea Campbell, among several other state attorneys general, testified in opposition to the Environmental Protection Agency’s (EPA) proposal to reverse its 2009 finding that...more

Bradley Arant Boult Cummings LLP

Back to the Exemptions? Possible Changes to Home Health and Personal Care Worker Wage Regulations

Are home health and personal care workers eligible for overtime? That is a more complicated question than it first appears. In fact, it could be about to change again as certain providers of home health and personal care...more

1,303 Results
 / 
View per page
Page: of 53

"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