On October 3, 2023, the U.S. Supreme Court began hearing oral arguments in a key case for the legal and financial community: Consumer Financial Protection Bureau v. Community Financial Services Association of America. The question at hand is whether the Consumer Financial Protection Bureau’s (CFPB) current funding mechanism has a firm base in the constitution….
In a recent legal development, the United States District Court for the District of Columbia dismissed a lawsuit on September 27, 2023, challenging the Department of Health and Human Services’ (HHS) computation of the standardized amount used in calculating Medicare Inpatient Prospective Payment System (IPPS) payments. In this central case, the presiding Judge, Royce Lamberth…
The 23rd annual conference on Advanced Administrative Law & Practice invites legal practitioners from across Canada and sectors worldwide. The conference, scheduled for October 24th – 25th in Ottawa, ON, Canada, is a landmark event catering to the evolving demands of Canada’s administrative law sector. The conference serves as a platform where industry professionals can…
In a pivotal move, the U.S. Supreme Court’s decision in June 2023 to grant certiorari in SEC v. Jarkesy has brought into focus the SEC’s power to enforce remedies and penalties before its own administrative law judges. This comes with serious implications. Should this appeal prove successful, it threatens to severely curtail the SEC’s ability…
In a notable ruling, a New York Administrative Law Judge (“ALJ”) affirmed the denial of a Clean Air Act Title V permit renewal for Greenidge Generation, LLC (“GGL”). The company had applied to renew a Title V air permit for the continued functioning of a natural gas-fired electric generating facility in the Town of Torrey,…
Recent successful challenges against “administrative state” powers at the U.S. Supreme Court hint toward an imminent crescendo in the high court’s new term. A legal crusade, which has been systematically collecting victories against agency enforcers and regulators, is primed to convert these piecemeal wins into a defining triumph, particularly in a term already filled with…
Experts continue to analyze and adapt to the intricacies of the evolving landscape of administrative law. This area of law significantly impacts businesses, specifically those subjected to governmental regulations. One can view the constant changes as a vast, regulatory labyrinth that businesses must navigate diligently and skillfully. Administrative law’s frequent shifts often spawn industry-specific questions…
Health groups, scientists, a labor union, small businesses and environmentalists have issued an appeal to the U.S. Supreme Court, advocating for the preservation of a nearly four-decade-old precedent known as the Chevron Doctrine. This doctrine allows judges to defer to federal agencies’ interpretations of laws in cases involving rulemaking disputes. The Chevron Doctrine, material in…
In a recent legal motion, the Federal Trade Commission’s Chief Administrative Law Judge (“ALJ”) has ruled that a leading tax filing software company violated Section 5 of the FTC Act due to engaging in deceptive advertising practices. The decision, published on September 8, comes after a complaint was lodged by the FTC in March 2022….
For health care organizations, navigating the legal complexities following a Medicare audit can be a demanding task. Over the past decade, due to a huge backlog of claims pending in front of administrative law judges (ALJs), many institutions may have faced significant setbacks in the Medicare appeals process. In an effort to tackle this issue,…
In a crucial ongoing case, Loper Bright Enterprises, et al. v. Raimondo, the Secretary of Commerce among other respondents has recently filed their merits brief in the U.S. Supreme Court. This act implores the apex court not to overrule its landmark 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. JD Supra…
In a significant legal development last week, the Federal Trade Commission (FTC) emerged victorious in its ongoing tussle with Intuit, the company behind TurboTax tax-preparation software. This latest bout saw an administrative law judge (ALJ) declaring that Intuit’s advertisement of a TurboTax offering as “free” was misleading, and subsequently ordering Intuit to abstain from advertising…
In a noteworthy legal development, an Administrative Law Judge (ALJ) has declined to rubber stamp the Enforcement Bureau’s (EB) position on license revocation. This development alters the oft-trodden path of automatic approval, challenging the tendency to approve matters without due consideration–a practice metaphorically referred to as “rubber stamping”. Knowledge of this deviation is significant for…
The United States federal government has submitted its opening brief to the U.S. Supreme Court in what could be the most significant administrative law case in recent decades; the case questions the long-standing “Chevron deference” given to government agencies. Established almost four decades ago, this doctrine has greatly influenced administrative law, providing a stable backdrop…
In recent years, a string of high profile cases has come to the Supreme Court of the United States (“SCOTUS”), prompting renewed examination of the longstanding Chevron doctrine. This doctrine, taking its name from the landmark decision in Chevron v. Natural Resources Defense Council, proposes that when it comes to interpreting ambiguous statutes, courts should…
In an initial decision made on September 8, the Federal Trade Commission’s (FTC) Chief Administrative Law Judge D. Michael Chappell ruled that Intuit Inc. “engaged in deceptive advertising in violation of Section 5 of the FTC Act”. The ruling was based on the finding that Intuit had misled consumers with its claim to be offering…
In a recent development, the California Office of Administrative Law approved the Civil Rights Council’s proposed amendments to regulations regarding the consideration of criminal history in employment. The changes are due to come into effect from October 1, 2023, mandating compliance from employers with individual assessments and other pre-existing requirements under the California Fair Chance…
In a significant procedural alteration, The U.S Nuclear Regulatory Commission (NRC) has amended its regulations in compliance with the Price-Anderson Act (42 USC 2210), also known as Section 170 of the Atomic Energy Act as published in the Federal Register Notice on September 5, 2023. The adjustments take effect on October 5, 2023. The amendments…
The Centers for Medicare and Medicaid Services (“CMS”) has recently released its proposed rule for minimum staffing requirements in long-term care facilities. This move is likely to have disrupted the Labor Day weekend plans for policy analysts as well as others vested in the intricacies of healthcare provision and administrative law. The unveiled proposition was…
The world of American legal professionals has been abuzz recently as discussions center around a key Supreme Court case, one that may potentially alter the existing Chevron Judicial Deference Framework. Particularly relevant for those in consumer financial services, this development was the main focus of a virtual program at the American Bar Association Business Law…
In a significant recent case, Grayscale Investments managed to secure a victory against the U.S. Securities and Exchange Commission (SEC). However, the crux of the litigation, the SEC’s key ‘significant market test’, remains unaddressed. The D.C. Circuit rebuked the SEC on administrative law grounds, though it is crucial to note that the test the Agency…
In a notable reversal of precedent, the National Labor Relations Board (NLRB) on August 2, 2023, determined that employers must demonstrate the necessity of work rules that dictate employee personal conduct. The case in focus, Stericycle, saw the Board overrule and send back for review an Administrative Law Judge’s (ALJ) decision. The judge had previously…
In a significant legal decision that may have far-reaching implications, a Texas District Court has declared the state’s preemption law unconstitutional. The contentious law, which has been caught in an ongoing legal battle, pertains to the state’s attempt to nullify local enactments on employment and other matters that contradict or exceed the provisions of state…
In what has been a herculean task to resolve, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act as reported by JD Supra. The publication of this document comes ahead of schedule, but it now raises a host…
The U.S. Securities and Exchange Commission (SEC) filed a formal request to the Supreme Court on Monday, asserting the constitutionality of federal agencies’ administrative courts’ use in enforcement actions that demand civil penalties. The SEC’s stand is a fundamental support to the practice entailing administrative law judges, mentioned in their analysis, to assess civil fines…