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A Court-Side Seat: OSHA, Air and Waters

Gravel2Gavel

The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. by Anthony B. Truck Trailer Manufacturers Association, Inc. See 81 FR 73478.)

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

PJM Interconnection is one such RTO, which oversees a region encompassing thirteen states, including Pennsylvania, along with the District of Columbia. In many parts of the country, transmission planning is undertaken by FERC-regulated bodies called regional transmission organizations (RTOs) and independent system operators (ISOs).

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

The district court and U.S. Court of Appeals for the District of Columbia Circuit rejected these claims on the ground that the Constitution’s speech-or-debate clause prohibits judicial review of legislative actions such as voting. House Minority Leader Kevin McCarthy, R-Calif., Next up is Texas v. rescheduled before the Nov.

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Chevron deference at stake in fight over payments for hospital drugs

SCOTUSBlog

Becerra , a sleeper of a case involving billions of dollars in federal spending and a chance to reshape two doctrines at the heart of administrative law. Drugs, money, and the law: Sounds sexy, right? A drug’s “average price” is fixed elsewhere in the Medicare statute, typically at 106% of the drug’s sale price.

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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.

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Justices delve into a trio of thorny issues in states’ challenge to federal immigration policy

SCOTUSBlog

Prelogar, on the other hand, told the justices that the provision authorizing courts to “set aside” agency actions only allows courts to disregard the policy in the case before them; it does not give the district court the power to invalidate the policy altogether. Roberts, who spent just over two years on the D.C.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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