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Two New Procedural Wrinkles That May Disincentivize Challenges to Federal Policies

The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds....more

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more

Ninth Circuit Dismisses Kids’ Climate Case (Again)

Juliana v. United States — brought by 21 children against the United States and alleging that the government has failed to adequately respond to climate change — has ping-ponged through the federal court system since...more

Oregon District Court Permits Portions of Childrens’ Federal Climate Case to Proceed

Climate change litigation continues in the headlines, this time with an Oregon federal court evaluating claims by 21 children that the federal government violated their constitutional right to a habitable environment. In...more

Supreme Court Could Open the Door to “Regulatory Takings” Challenges to Regulations

The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution. At stake is the determination of when, how, and under what...more

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