#WorkforceWednesday®: Can the President Fire NLRB Members Without Cause? SCOTUS May Decide - Employment Law This Week®
Unpacking the Fifth Circuit's Landmark Tornado Cash Decision — The Crypto Exchange Podcast
#WorkforceWednesday®: PAGA in California, NLRB Authority, New Employment Laws in 2025 - Employment Law This Week®
#WorkforceWednesday®: NLRB’s Expanding Power - Pushback and Legal Challenges Ahead - Employment Law This Week®
Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 210: Impacts of the Chevron Doctrine Ruling with Mark Moore and Michael Parente of Maynard Nexsen
Podcast - Legislative Implications of Loper Bright and Corner Post Decisions
In That Case: Loper Bright Enterprises v. Raimondo
The End of Chevron Deference: Implications of the Supreme Court's Loper Bright Decision — The Consumer Finance Podcast
Down Goes Chevron: A 40-Year Precedent Overturned by the Supreme Court – Diagnosing Health Care
#WorkforceWednesday® - Chevron Deference Overturned - Employment Law This Week®
AGG Talks: Healthcare Insights Podcast - Episode 5: What the End of Agency Deference Means for the Healthcare Industry
The ESG 411: Will Recent SCOTUS Decision Impact SEC’s ESG Rulemaking Authority?
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
#WorkforceWednesday: Employers Respond to Dobbs, Implications of the Supreme Court's EPA Ruling, and Pay Increases for CA Health Care Workers - Employment Law This Week®
Podcast: CFIUS: Recent Regulatory Developments
On May 29, 2025, in a 8-0 ruling (Justice Gorsuch recused himself from the case), the Supreme Court held that the U.S. Court of Appeals for the D.C. Circuit erred in requiring federal regulators to evaluate the potential...more
The decision emphasizes the importance of judicial deference to agencies on NEPA and narrows the scope of environmental analyses....more
Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,...more
Ponder the following existential question: Who does their job less effectively? Members of Congress, or employees of federal agencies? Let’s examine the U.S. Environmental Protection Agency (EPA) employees versus those...more
I’m not willing to admit how many times I’ve listened to Carly Rae Jepsen’s hit “Call Me Maybe,” but I’m well enough versed in its lyrics to safely conclude she likely provided her romantic interest prior express consent to...more
More than 50 years ago, the Federal Clean Water Act (CWA or Act) was enacted by Congress to protect the quality of the Nation’s waters. The scope of that protection has been evolving ever since. Until relatively recently, the...more
Following the US Supreme Court’s decision in Loper Bright announcing the end of Chevron deference, lower federal courts have begun to apply the decision to uphold some federal wage-hour rules while striking down others; state...more
The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of "harm" under the Endangered Species Act (ESA) that currently includes habitat modification,...more
In another rebuke to federal regulatory overreach, the U.S. District Court for the Eastern District of Texas (“District Court”) has vacated the Food and Drug Administration’s (“FDA”) 2024 final rule that sought to bring...more
When operating a business, it is nearly impossible not to have to interact with state or other local government agencies. Decisions regarding permits, licenses, government contracts, workforce compliance, environmental...more
On April 9, 2025, President Trump signed a Presidential Memorandum (Memorandum) entitled Directing the Repeal of Unlawful Regulations. The Memorandum – part of a broader “Department of Government Efficiency” Deregulatory...more
On March 31, 2025, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas ruled that the Food and Drug Administration (FDA) lacks the statutory authority to regulate laboratory developed tests...more
We have previously written about two consolidated cases (Loper Bright and Relentless), in which the Supreme Court reversed a decades-old rule known as the Chevron doctrine. Broadly, the Chevron doctrine required courts to...more
In the US Supreme Court’s first post-Chevron decision involving the US Environmental Protection Agency (EPA) the Supreme Court found against EPA, invalidating ‘end result’ NPDES permit requirements....more
Only a few readers of SCOTUS Today are lawyers who are professionally occupied with environmental matters. However, almost all of my readers are constantly occupied with administrative law matters, governed in the...more
A 2023 Federal Communications Commission (FCC) Order interpreted the Telephone Consumer Protection Act as requiring that consumers provide specific one-to-one consent to receive robocalls. The purpose was to fill what the FCC...more
Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone...more
The recent U.S. Supreme Court decision in the Loper Bright case stands to have significant ramifications for various federal agencies, including the National Transportation Safety Board (NTSB or Board). The ruling centered...more
This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more
The decades-long fight over net neutrality appears to be over. In one of the first appellate decisions since the Supreme Court of the United States overturned Chevron deference in Loper Bright Enterprises v. Raimondo...more
In its first merits decision this term, the Supreme Court provided a straightforward application of textualism to demonstrate that in cases challenging administrative action under the Administrative Procedure Act (APA),...more
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the US Supreme Court overruled the decades-old Chevron doctrine. This decision means that courts must now determine the meaning of federal statutes and effectively...more
Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more
In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...more
It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more