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US Supreme Court hears oral arguments in case challenging FTC enforcement powers

JURIST

Moreover, they highlighted that the court has consistently upheld that district courts lack jurisdiction over such issues, arguing that the court should find Axon lacks valid cause of action on the grounds that the “commencement of a commission adjudication is not immediately reviewable” This case will be considered in conjunction with (..)

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SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

The Court’s Chevron decision established a bedrock principle of administrative law. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. Natural Resources Defense Council , 467 U.S. 837 (1984). Macquarie Infrastructure Corp. Moab Partners, L.P. :

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Supreme Court to consider multi-pronged constitutional attack on SEC

SCOTUSBlog

The government’s view in this case is that the Constitution affords Congress a broad authority to create new obligations by statute, and that because those statutory obligations were unknown to the common law, they are public rights that Congress can assign to an administrative tribunal without a jury.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

Issue : Whether a court may deny a plaintiff with an antitrust injury proximately caused by a defendant’s antitrust violation a Clayton Act cause of action based on a multifactor, prudential balancing test of “antitrust standing.”. City of Oakland, California v. Oakland Raiders. Disclosure : Goldstein & Russell, P.C.,

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

A state administrative law judge found one late-2016 transfer to have violated FNHRA and ordered Talevski returned to VCR; the family chose to move him to a different facility. Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

In an article published in 2014, law professor Thomas Merrill suggested that the Chevron decision was not regarded as a particularly consequential one when it was issued. But in the decades since then, it became one of the most significant rulings on federal administrative law, cited by federal courts more than 18,000 times.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. The court found that the Commission adequately explained its rationale for rejecting the dollar figure adopted by the administrative law judge.

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