The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
8/5/2024
/ Administrative Procedure Act ,
Cell Phones ,
Chevron Deference ,
Creditors ,
FDCPA ,
Foreclosure ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Promissory Notes ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Truth in Lending Act (TILA)
On June 28, 2024, in a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed...more
7/2/2024
/ Administrative Procedure Act ,
Article III ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
The Chevron doctrine is one of the most important principles of administrative law in the United States. It states that when a federal statute is ambiguous, courts should defer to the reasonable interpretation of the agency...more
On May 25, 2023, the United States Supreme Court significantly curtailed the federal government’s authority to regulate wetlands under the Clean Water Act (CWA) in a 9 to 0 decision. The Court held that the Clean Water Act...more
6/2/2023
/ Clean Water Act ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On June 25, 2021, the U.S. Supreme Court sided with small oil refineries by making it easier for the companies to win exemptions from the existing mandate that they mix ethanol and other renewable fuels into gasoline and...more
Today, the Supreme Court of the United States released the much-anticipated opinion that had the potential to turn the entire Superfund Program on its head. The Court resolved the lingering question regarding whether parties...more
On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more
3/4/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Common Law Claims ,
Conflicts of Laws ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Federal v State Law Application ,
Groundwater ,
Hazardous Substances ,
Hazardous Waste ,
Land Owners ,
MT Supreme Court ,
Potentially Responsible Party (PRP) ,
Preemption ,
SCOTUS ,
Site Remediation ,
Soil ,
State Law Claims