Regulatory Standards, Chevron Deference

The sky is not falling

Health Care Compliance Association (HCCA) on 10/17/2024

This summer, the U.S. Supreme Court overruled the Chevron deference in a 6–3 decision, holding that “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” As...more

D.C. Circuit Curbs Department of Transportation’s Pipeline Rules, Further Signaling an Everchanging Approach to the Administrative...

Snell & Wilmer on 8/23/2024

Last week, the U.S. Court of Appeals for the District of Columbia Circuit vacated a series of regulations passed by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA). The...more

No Surprises Here! Fifth Circuit Upholds Health Care Provider Challenge to No Surprises Act Regulations

Proskauer - Health Care Law Brief on 8/16/2024

In a recent win for health care providers, the United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s decision to vacate key portions of regulations issued by the U.S. Departments of Treasury,...more

Will The PM NAAQS Be the Real End of Agency Deference?

Foley Hoag LLP - Environmental Law on 10/31/2019

According to Bloomberg Environment (subscription required), EPA’s Clean Air Science Advisory Committee cannot reach agreement whether to recommend that the NAAQS for PM2.5 be lowered. Even after two years, I guess I had not...more

DOE Must Promulgate Energy Efficiency Standards Finalized By the Obama Administration

Foley Hoag LLP - Environmental Law on 10/16/2019

Last week, the 9th Circuit Court of Appeals affirmed a District Court ruling requiring the Department of Energy to publish in the Federal Register four rules finalized by the Obama administration, but not previously...more

Supreme Court Hears Arguments on FERC Demand Response Policy

Orrick, Herrington & Sutcliffe LLP on 10/27/2015

The Energy Policy Act of 2005 ("EPAct 2005") established a national policy to encourage reliable and affordable demand response services. Demand response refers to the ability of retail electric customers to reduce or shift...more