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Statutory Interpretation Chevron Deference

Greenberg Glusker LLP

[Webinar] Beyond Chevron: Courts vs. Agencies in a New Era - March 26th, 10:00 am - 11:00 am PDT

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Join us for an engaging discussion on the implications of the end of Chevron deference. We will explore how this shift affects the dynamic between courts and agencies in interpreting statutes. Gain insights into the future of...more

Snell & Wilmer

Sixth Circuit Gives Insight on a Post-Chevron World: What the Set Aside of Net Neutrality Tells Us About Scope of Agency Power

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We have previously written about two consolidated cases (Loper Bright and Relentless), in which the Supreme Court reversed a decades-old rule known as the Chevron doctrine. Broadly, the Chevron doctrine required courts to...more

ArentFox Schiff

A Divided SCOTUS Invalidates Common Provisions of Clean Water Act Permits

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In the US Supreme Court’s first post-Chevron decision involving the US Environmental Protection Agency (EPA) the Supreme Court found against EPA, invalidating ‘end result’ NPDES permit requirements....more

Gerald Nowotny - Law Office of Gerald R....

Old Days – Memories of Equity Split Dollar in the Post-Loper Bright Era

This article focuses on the impact of the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, 603 U.S. (2024) and how it might apply to Split Dollar life insurance and possibly resurrect one of my favorite life...more

Snell & Wilmer

Navigating New Department of Education Guidance Amid Shifting Judicial Precedents

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In its final days, the Biden Department of Education issued a Dear Colleague Letter regarding misrepresentations made by third‐party service providers engaged by institutions of higher education. This new guidance, published...more

Epstein Becker & Green

Textualism Again Comes to the Fore, Albeit with Contradictory Views on the Court - SCOTUS Today

Only a few readers of SCOTUS Today are lawyers who are professionally occupied with environmental matters. However, almost all of my readers are constantly occupied with administrative law matters, governed in the...more

Snell & Wilmer

President Trump Issues Executive Order Addressing Second Amendment Rights

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On February 7, 2025, President Trump issued an executive order directing the Attorney General to review and propose actions to address the right to keep and bear arms, which he called “an indispensable safeguard of security...more

Polsinelli

Eleventh Circuit Overturns FCC’s One-to-One Consent Rule

Polsinelli on

A 2023 Federal Communications Commission (FCC) Order interpreted the Telephone Consumer Protection Act as requiring that consumers provide specific one-to-one consent to receive robocalls. The purpose was to fill what the FCC...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

McGlinchey Stafford on

On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

Cozen O'Connor on

Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone...more

Holland & Knight LLP

The Potential Impact of the Loper Bright Decision on the NTSB

Holland & Knight LLP on

The recent U.S. Supreme Court decision in the Loper Bright case stands to have significant ramifications for various federal agencies, including the National Transportation Safety Board (NTSB or Board). The ruling centered...more

Davis Wright Tremaine LLP

6th Circuit Invalidates FCC's 2024 Network Neutrality Order

On January 2, 2025, the U.S. Court of Appeals for the 6th Circuit issued a decision ("Decision") invalidating the Federal Communications Commission's ("FCC") Safeguarding and Securing the Open Internet Order ("Safeguarding...more

Stevens & Lee

U.S. Supreme Court Appears Ready to Tackle a Major Separation of Powers Issue

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This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more

Perkins Coie

Why the FCC’s Net Neutrality Rules Were Struck Down

Perkins Coie on

The decades-long fight over net neutrality appears to be over. In one of the first appellate decisions since the Supreme Court of the United States overturned Chevron deference in Loper Bright Enterprises v. Raimondo...more

Kohrman Jackson & Krantz LLP

Is Your Internet Bill About to Skyrocket While Your Service Gets Worse?

The Sixth Circuit’s January 2, 2025, decision in Ohio Telecom Association et al. v. Federal Communications Commission et al. may reshape the future of the Internet, delivering a significant blow to the concept of net...more

ArentFox Schiff

ESG Update: Four Reasons Why 2024 Should Be Remembered as ‘Transitional’ but Not ‘Transformational’ in the Environmental and...

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In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Epstein Becker & Green

Post-Chevron, Agency Challenges Aren’t Always a Slam Dunk

Epstein Becker & Green on

In its first merits decision this term, the Supreme Court provided a straightforward application of textualism to demonstrate that in cases challenging administrative action under the Administrative Procedure Act (APA),...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Merry and (Loper) Bright: Where the Impact of the Supreme Court’s Decision Stands This Holiday Season

Over the last six months, federal and state courts have been unwrapping the landmark Supreme Court of the United States decision in Loper Bright Enterprises v. Raimondo and navigating a new legal landscape that challenges...more

Greenberg Glusker LLP

Beyond Chevron: Courts vs. Agencies in a New Era

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The legal landscape regarding federal agency authority fundamentally changed in 2024 with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This landmark case dismantles the Chevron deference standard,...more

Ropes & Gray LLP

Stem Cell Litigation Update: FDA Won the Latest Battle, but the Future of HCT/P Enforcement Remains Unclear

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On September 27, 2024, the U.S. Court of Appeals for the Ninth Circuit reversed the district court’s decision in U.S. v. California Stem Cell Treatment Center, Inc. (“California Stem Cell”), holding that a clinic’s stem cell...more

McDermott Will & Emery

Post-Chevron Insights and Resources

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On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the US Supreme Court overruled the decades-old Chevron doctrine. This decision means that courts must now determine the meaning of federal statutes and effectively...more

Carlton Fields

Move Over Loper Bright — Nondelegation Doctrine Is Administrative State’s New Battleground

Carlton Fields on

Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more

Husch Blackwell LLP

Hospice Insights Podcast - What a Difference No Deference Makes: Courts No Longer Bow to Administrative Agencies

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The United States Supreme Court recently overruled decades-old precedent that favored an administrative agency’s interpretation of ambiguous statutes. This seismic shift in the role of the judiciary will affect every...more

BakerHostetler

To Help the New Administration Help Your Industry, You Need an Agency Strategy

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The Trump administration is set to take office on January 20, and it brings what may be an unprecedented opportunity to ease regulatory burdens. While much attention has focused on the new, Department of Government...more

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