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Judicial Review Government Agencies

Partridge Snow & Hahn LLP

Two Supreme Court Decisions Shift the Ground for Legal Challenges to Federal Agency Actions

The Supreme Court has now concluded its most recent term, and in its final two days handed down two decisions with major implications in the area of administrative law (each by a 6-3 margin).  And while their precise...more

WilmerHale

Antitrust Updates: The FTC's Non-Compete Rule and the Impact of Loper Bright on Federal Antitrust Enforcement

WilmerHale on

On June 28, the Supreme Court handed down its decision in Loper Bright Enterprises v. Raimondo, overruling Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. In its 1984 Chevron decision, the Court held that...more

Venable LLP

Telecommunications Law and Policy in a Post-Chevron World

Venable LLP on

As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more

Venable LLP

Post-Chevron Judicial Review of FERC Decisions

Venable LLP on

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more

Pillsbury - Gravel2Gavel Construction & Real...

The Administrative Procedure Act and The Evolution of Environmental Law

Enacted in 1946, the Administrative Procedure Act (APA) has provided a lasting framework for federal agency rulemaking and adjudication, as well as establishing the power of the federal courts to exercise judicial review over...more

Fox Rothschild LLP

TV Station Consolidation OK, Say Supremes

Fox Rothschild LLP on

In a unanimous decision, the Supreme Court voted to uphold a decision by the FCC to deregulate ownership of television broadcast stations. The Commission proposed the rule change in 2017 under Trump-appointed FCC chair Ajit...more

Perkins Coie

Supreme Court Restores Trump FCC’s Deregulation of Media Ownership Rules

Perkins Coie on

The U.S. Supreme Court’s decision in FCC v. Prometheus Radio Project et al. is significant for both the decision’s effect on the regulation of the broadcast television industry and its clarifications of administrative law. ...more

WilmerHale

Supreme Court Holding Emphasizes Importance of Building an Administrative Record Before an Agency

WilmerHale on

On April 1, 2021, in Federal Communications Commission v. Prometheus Radio Project, the Supreme Court unanimously held that a decision by the Federal Communications Commission (FCC) to repeal or modify three ownership rules...more

Dechert LLP

Supreme Court Holds that an FCC Rule Change Was Not “Arbitrary and Capricious” Under the Administrative Procedure Act

Dechert LLP on

The U.S. Supreme Court issued a significant decision regarding the Administrative Procedure Act’s (“APA”) arbitrary-and-capricious standard. In FCC v. Prometheus Radio Project, the Court upheld a decision by the Federal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides FCC v. Prometheus Radio Project

On April 1, 2021 the U.S. Supreme Court decided FCC v. Prometheus Radio Project, holding that the Federal Communication Commission’s (FCC) 2017 decision to repeal or modify three of its media-ownership rules was not arbitrary...more

Snell & Wilmer

Arizona Governor Doug Ducey Signs Legislation to Eliminate ‘Chevron Deference’

Snell & Wilmer on

On April 11, 2018, Arizona Governor Doug Ducey signed House Bill 2238, which eliminates the judicial doctrine commonly known as “Chevron deference.” One of the most well-known doctrines of administrative law, “Chevron...more

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