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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. Loper-Bright came to the Supreme Court in November 2022, asking justices to review the D.C.

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently O

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The Section 15 declaration falsely stated no proceedings involving the DANTANNA’S mark were pending, when in fact the cancellation proceeding and related litigation were still ongoing.

Statute 63
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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 12] Here are some details about the proposed California legislation.

Laws 98
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‘La Acción de Cumplimiento’ as a Legal Mechanism to Implement Colombian Climate Change Laws

ClimateChange-ClimateLaw

Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

Legal 76
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The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

ClimateChange-ClimateLaw

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. On June 30, 2023, the Supreme Court applied the major questions doctrine in Biden v. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. Env’t Prot.

Statute 80
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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. FERC has authorized RTOs to address such congestion by “planning, and [] directing or arranging, necessary transmission expansions, additions, and upgrades and coordinat[ing] such efforts with the appropriate state authorities.”

Court 76
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Sabin Center Files Amicus Brief in Support of New GHG Vehicle Emissions Standards

ClimateChange-ClimateLaw

Texas Attorney General Ken Paxton has openly stated that the purpose of this litigation is to protect the fossil fuel industry , and the only representatives of the automotive industry in the case have entered to defend EPA’s new standards. This doctrine was recently and prominently applied by the Supreme Court in West Virginia v.