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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

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CMS Finalizes Guidance on Medicare Part D Manufacturer Discount Program

FDA Law Blog

Below, we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023 draft guidance. We do not address the technical and administrative details of the Discount Program here. The manufacturer will have 60 days to appeal the CMP before an administrative law judge (ALJ).

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

ClimateChange-ClimateLaw

5] For the reasons discussed below, more firms – and their legal and other advisers– should follow them. Corporate and securities law – as well as companies and their leaders acting through lobbying and politics – also have major roles to play. [9] Academic readers of this blog should too! 24] SB 253 does not require materiality.

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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.” Among the inadequacies found by the court was Ecology’s failure to consider climate change in drafting the permits.

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