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Justices' Climate Ruling May Transform Administrative Law

Law 360

Supreme Court in West Virginia v. Environmental Protection Agency has shed light on how the court's decision could significantly limit the federal government's efforts to address climate change, and reshape administrative law and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.

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Justices unanimously rule against asylum seekers on question of credibility

SCOTUSBlog

Share The Supreme Court on Tuesday sided with the federal government in a dispute over when federal courts can treat asylum seekers’ testimony as credible. Alcaraz-Enriquez , the court rejected the approach of the U.S. Justice Neil Gorsuch wrote the opinion for the court. Dai and Garland v.

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DACA program illegal under administrative law, US appeals court says

JURIST

The US Court of Appeals for the Fifth Circuit Wednesday ruled that the Deferred Action for Childhood Arrivals (DACA) program was properly deemed illegal in a lower court decision last year. The court further remanded the case back to a lower court for review of a Biden Administration regulation.

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DOJ Re-Brands Guidance Documents

FDA Law Blog

The federal government does its own version of rebranding with each change in administration. As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. The memorandum cites the 2019 Supreme Court decision, Kisor v.

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The Most Engaging Decision You’ll Read All Year – Five Stars

FDA Law Blog

Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. Petitioners moved to stay their Marketing Denial Orders pending review in Court. By David B. Clissold & Sara W.

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Justices grant review in two cases that test jurisdiction of district courts

SCOTUSBlog

Share The Supreme Court on Monday added two new cases , both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term. An administrative law judge agreed that Cochran had violated federal law, fined her over $20,000, and banned her from practicing before the SEC for five years.

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Money for safety-net hospitals at stake in dispute over Medicare payment formula

SCOTUSBlog

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. However, if the statutory language is ambiguous, the court turns to step two. In 2020, the U.S.

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