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SCOTUS Affirms “Waters of the United States” Jurisdictional Determination is...
The United States Supreme Court (SCOTUS) today unanimously (with concurrences) held that in United States Army Corps of Engineers v. Hawkes Co., Inc. that the Armey Corps of Engineers’ decision to...
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Monday Morning Regulatory Review – 6/6/16: Warning Letter Finality; Untrusted...
The United States Supreme Court (SCOTUS) decision in United States Army Corps of Engineers v. Hawkes Co. last Monday reverberated on Friday in United States Court of Appeals for the District of...
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Monday Morning Regulatory Review – 6/13/16: Records Inspection As...
Esoterica seem to dominate regulatory practice last week. Structure and compliance issues dominated regulatory litigation highlights with the demise of an inspection regulation for violation of...
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Monday Morning Regulatory Review – 6/20/16: Net Neutrality Upheld; Student...
A court decision upholding the controversial net neutrality rule dominated regulatory practice last week but only for a dearth of other news. Two proposed rules deserve attention: another proposal to...
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SCOTUS: Agency Must Explain Changed Position or Lose Chevron Deference
In a decision turning on black-letter law, the United States Supreme Court (SCOTUS) reiterated Administrative Procedure Act (APA) precedent that an agency must explain its change in position and...
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SCOTUS Affirms Injunction of Obama Administration Immigration Policy with...
The United States Supreme Court (SCOTUS) in United States v. Texas today affirmed the United States Court of Appeals for the Firth Circuit decision by an equally divided Court (4 – 4): the preliminary...
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Monday Morning Regulatory Review – 7/4/16: Agency Exceeds Authority in...
Independence Day – a day to celebrate the right to choose between praising or criticizing the administrative state – or both. Several courts took exception from Administration regulatory actions in...
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Monday Morning Regulatory Review – 7/11/16: a Regulatory Litigation Snapshot
The shortened holiday week generated few regulatory events and no real highlights, creating an opportunity to survey the major regulatory litigation as this Administration enters its final six months....
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SCOTUS Review – 2015 Term Ramifications for Regulatory Practice
The United States Supreme Court (SCOTUS) declined or was unable to resolve several regulatory issues in the Term just ended, but its few substantive decisions set in motion significant changes in the...
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Monday Morning Regulatory Review – 7/25/16: Immigration Rule or Non-Rule...
Inter-convention, highlights from regulatory practice might be sparse, but both litigation and regulation provide some spice. The Administration filed a petition for rehearing in the immigration...
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Monday Morning Regulatory Review – 8/1/16: Boiler Alphabet Review;...
The highlight of last week in regulatory practice was the massive court of appeals decision on boiler pollution – an anthology of more than 30 claims from nearly 50 different cases – vacating a small...
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Monday Morning Regulatory Review – 8/8/16: Political Free Speech; Tax...
Three highlights from the past week in regulatory practice: One court of appeals found that an agency regulation likely violated a plaintiffs’ rights to free speech as applied and remanded for the...
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Monday Morning Regulatory Review – 8/15/16: Energy, Coolers & Carbon, and...
A summer lull in regulatory practice provides two significant actions are worth noting. The first major challenge to the Administration’s theoretical Social Cost of Carbon (SCC) came up short – as did...
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Monday Morning Regulatory Review – 8/22/16: Tobacco Products Guidance...
A hodgepodge of actions occurred in regulatory practice last week, including a district court decision vacating part of an agency guidance and a court of appeals decision to hold in abeyance litigation...
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Monday Morning Regulatory Review – 8/29/16: School Gender Identity Guidance...
Summer’s end (not Childhood’s End) brings the opening of schools across the country without the looming Administration guidance on gender identity. More complex is the new overhang of Medicare...
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Monday Morning Regulatory Review – 9/5/16: Guns, Drugs, and Guidelines; & More
Labor Day 2016 will be no holiday for regulatory experazzi, at least in this post. Last week, a court of appeals affirmed dismissal of a host of constitutional claims that overshadowed an...
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Monday Morning Regulatory Review – 9/12/16: Silence, Gaps, Limits & Tips;...
Two interesting cases were handed down last week. One is a complicated dissent from denial of a petition for rehearing en banc that raises questions of agency regulation of a subject that falls either...
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Monday Morning Regulatory Review – 9/19/16: Firearms & Mental Health; Plain...
The campaign for the White House overshadows regulatory practice for another week, but some unique issues deserve note. In one decision, a court of appeals reversed and remanded a dismissal order for...
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Monday Morning Regulatory Review – 9/26/16: Narrowing Safety Standards...
Regulatory practice highlights this week seem to focus on the margins of general practice and unique relationships of specialty practice. In one decision, a court of appeals held that an agency failed...
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Monday Morning Regulatory Review – 10/3/16: SCOTUS Bereft & Trucking Data...
Hard news last week was hard to acquire and the negative is worth noting, but for two points. First, major nationwide decisions on regulatory process are unlikely in the near future for want of cases...
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