SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. Federal prisoners raise that issue in pending petitions in Ham v.

Stare Decisis 76

Stare Decisis Administrative Law Statute Government 76

Broadcast Law Blog

MAY 6, 2023

In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.

Diligence 99

Diligence Government Administrative Law Litigation 99

LawTechnologyToday

SEPTEMBER 7, 2023

Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US.

Legal 69

Legal Legal Diligence Technology 69

SCOTUSBlog

DECEMBER 26, 2023

If a government official punishes someone because of their pure speech, that person may have a strong case to sue for retaliation in violation of their constitutional rights. United States 23-310 Issue : Whether the administrative law principles articulated in Kisor v. A list of all petitions we’re watching is available here.

Legal 91

Legal Legal Attorney Lawyer 91

ClimateChange-ClimateLaw

APRIL 18, 2024

C ategorical differences between KlimaSeniorinnen and Court’s existing environmental case law ‘KlimaSeniorinnen’ had thus exhausted all domestic remedies. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles. 657), the “tailored approach” (para.

Litigation 62

Litigation Litigating Court Laws 62

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

For example, Law 1931 of 2018 establishes clear rules that govern public and private entities’ actions regarding climate change, as well as the cooperation between national, regional and local authorities in implementing climate change adaptation measures and GHG emissions’ mitigation action. 29 Subsections 3 and 4).

Legal 73

Legal Legal Laws Government 73

SCOTUSBlog

JANUARY 14, 2023

Under the INA, a withholding-of-removal applicant must show they are likely to be persecuted in the country to which the government will send them. However, the government can rebut this presumption by showing that the applicant’s life or freedom would not be threatened in the removal country due to their membership in a protected group.

Immigration 74

Immigration Court Government Statute 74

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The Supreme Court heard oral arguments in five cases last week. Axon Enterprise, Inc.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

FDA Law Blog

AUGUST 29, 2021

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. Sometimes they do it with great fanfare; sometimes it is done quietly and incrementally.

Attorney 52

Attorney Government Lawyer Lawyers 52

Broadcast Law Blog

MARCH 27, 2022

See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. A felony conviction involving lying to another government agency will normally trigger such a review.

Felony 88

Felony Construction Administrative Law Government 88

SCOTUSBlog

NOVEMBER 4, 2022

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

Statute 104

Statute Court Entertainment Administrative Law 104

SCOTUSBlog

JANUARY 6, 2023

The technicians in this case had been unionized for 45 years when the Guard, in effect, terminated its collective-bargaining relationship with their union, the American Federation of Government Employees, Local 3970, AFL-CIO. The case begins with a common “union avoidance” narrative.

Statute 79

Statute Government Administrative Assistant Laws 79

ClimateChange-ClimateLaw

JANUARY 22, 2024

In an opinion that is currently under appeal in the Third Circuit, the Middle District court held that, because the federal government has authority to determine transmission system needs and potential solutions, a state cannot deny a siting permit based on its own determination that a project is not needed. FERC Order No.

Court 73

Court Construction Laws Government 73

Broadcast Law Blog

JULY 21, 2022

According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrative law judge on the International Trade Commission for over 10 years. The CRB is principally charged with rates and distributions for copyrights governed by a “ statutory licenses.”

Sports 92

Sports Administrative Law Laws Court 92

SCOTUSBlog

NOVEMBER 30, 2023

The justices said not a word about the second challenge, and they made only one offhand comment about the third challenge, when Justice Brett Kavanaugh suggested in passing that the administrative law judges’s appointments won’t pass muster with him. T]hat’s the issue. That’s the result. The Seventh Amendment is no bar.”

Administrative Law 126

Administrative Law Litigation Litigating Laws 126

SCOTUSBlog

JANUARY 20, 2022

” After Axon Enterprise acquired a competitor, it found itself subjected to antitrust review by the Federal Trade Commission. The company faced a series of demands from the FTC it viewed as unreasonable. rescheduled before the Nov. 10 and Jan. 7 conferences; relisted after the Jan. 14 conference). relisted after the Jan. 14 conferences).

Court 97

Court Statute Education Administrative Law 97

SCOTUSBlog

MAY 16, 2022

Cochran , the justices agreed to decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. The justices also granted review in Jones v.

Court 80

Court Administrative Law Criminal Law Government 80

ClimateChange-ClimateLaw

AUGUST 8, 2023

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] Jody Freeman, “The Private Role in Public Governance,” 75 N.Y.U.

Laws 98

Laws Law School Government Legal 98

SCOTUSBlog

JANUARY 24, 2022

It argued, among other things, that the administrative proceedings violated its right to due process because the agency plays multiple roles in the proceedings, serving as the prosecutor, the judge, and the jury. The couple returned to the court last fall, asking the justices to revisit their 2006 decision in Rapanos v.

Court 80

Court Construction Administrative Law Litigation 80

JonathanTurley

JULY 11, 2023

In one case involving challenged administrative law judges in 2018, the Supreme Court ruled in Lucia v. Securities & Exchange Commission that past litigants were entitled to decisions from properly appointed judges. He left public service with the highest salary in the federal government, at $480,654.

Legal 33

Legal Legal Court Rules Laws 33

ClimateChange-ClimateLaw

JUNE 23, 2021

Litigators responded to the Trump administration’s climate deregulation agenda by filing hundreds of lawsuits across the U.S. over the four years of the administration. Climate Litigation in the Age of Trump: Full Term , takes stock of 378 U.S. Climate Change Litigation Database. By Korey Silverman-Roati.

Litigation 80

Litigation Litigating Government Administrative Law 80

SCOTUSBlog

JANUARY 16, 2024

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.

Stare Decisis 145

Stare Decisis Court Statute Government 145

ClimateChange-ClimateLaw

DECEMBER 11, 2023

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

Legal 59

Legal Legal Court Statute 59

JonathanTurley

JANUARY 3, 2022

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The Biden administration and other litigants then forced a reconsideration of that decision. Natural Resources Defense Council Inc. If so, AHA v.

Court 44

Court Litigation Litigating Laws 44

ClimateChange-ClimateLaw

MARCH 13, 2023

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. Last year, local governments in the U.S. The brief emphasized the threat that U.S. EPA , 142 S.

Manufacturing 54

Manufacturing Government Court Administrative Law 54

ClimateChange-ClimateLaw

JULY 2, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 147.

Court 44

Court Statute Litigation Litigating 44

SCOTUSBlog

OCTOBER 7, 2022

In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution of other litigation, pending or future, related to” the rule. This week, we highlight cert petitions that ask the court to consider, among other things, the ongoing public charge litigation. Cook County, Illinois.

Immigration 81

Immigration Litigation Litigating Administrative Law 81

LettersBlogatory

JANUARY 17, 2022

the NFIB case was a challenge to the Occupational Health and Safety Administration’s national vaccine mandate for large employers, while the Boston Police case was a challenge by public employee unions to Mayor Michelle Wu’s new policy of requiring vaccines as a condition of public employment.

Government 59

Government Court Laws Law School 59

SCOTUSBlog

JUNE 15, 2022

Because the Biden administration decided to stop defending the rule, it dismissed a challenge to the rule that had been pending in the Supreme Court in 2021. In February, the Biden administration formally proposed a replacement rule.

Immigration 92

Immigration Government Administrative Law Court 92

SCOTUSBlog

JULY 21, 2022

The justices left in place a district-court ruling striking down the policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision. Mexico border, where there is only one judge: Tipton, a Trump appointee.

Immigration 145

Immigration Court Government Court Rules 145

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight.

Statute 76

Statute Court Government Administrative Law 76

SCOTUSBlog

FEBRUARY 1, 2022

Jackson then snagged a highly sought-after spot as an associate at Miller Cassidy Larroca & Lewin, a Washington litigation boutique that later merged with Baker Botts, a Texas-based firm. Jackson rejected the federal government’s argument , allowing the case to go forward. On appeal, the D.C.

Court 145

Court Law School Law Firm Law Firms 145

SCOTUSBlog

FEBRUARY 23, 2022

The 2019 rule at the center of the case broadened the definition of “public charge,” a term in immigration law for people who are ineligible for a green card if the government believes that they are likely to rely too heavily on government aid. alleging that the repeal of the law violated federal administrative law.

Immigration 91

Immigration Court Administrative Law Government 91