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A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost

Gravel2Gavel

This is a brief account of some of the important environmental and administrative law cases recently decided. The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court?

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

PJM Interconnection had identified grid congestion across the Pennsylvania-Maryland border and concluded that such congestion had led to approximately $800 million in costs from 2012 to 2016. The Supremacy Clause serves to “ invalidate[] state law that interferes with or is contrary to federal law.”

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GWU Adjunct Law Professor Loses Worker’s Compensation Case

JonathanTurley

There is an interesting case this week involving an adjunct professor at George Washington Law School, where I teach. She claims that Defendants’ lawyer had ex parte communications with the ALJ and offered to help her secure a Maryland judgeship. Id. ¶ 174. I d. ¶ 154.

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Can fishermen be required to pay for federal monitors? And by the way – should Chevron be overruled?

SCOTUSBlog

But in addition to that plain-vanilla administrative law question, the petition has a second question that is a potential blockbuster: Whether the court should overrule Chevron or at least clarify whether statutory silence about the matter of payment constitutes an ambiguity requiring deference to the agency. record requested Oct.

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

FDA Law Blog

FDA originally set the PMTA deadline as August 8, 2022, but a district court in Maryland ordered FDA to shorten it. Going through “[f]our well-established and longstanding principles of administrative law,” the Court explained how any one of such principles “independently require that result.”

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May Regulatory Dates for Broadcasters – Rulemaking Comments on Various TV Issues and More

Broadcast Law Blog

The FCC has already issued such an extension three times since the initial compliance deadline of May 26, 2015, as the NAB contends that there still is no workable technology that can perform the functions required by the rule (see our Broadcast Law Blog article here from the last extension 5 years ago).

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.

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