Administrative Law – Page 6

Law360

The Evolution of the Major Questions Doctrine: Defining Limits on U.S. Regulatory Authority

Pieter Gunst12 months ago03 mins

The evolution of the “major questions doctrine” within U.S. jurisprudence has captured the attention of constitutional and administrative law scholars. Originating from Justice Antonin Scalia’s assertion in Whitman v. American Trucking Associations Inc., which famously declared that Congress does not “hide elephants in mouseholes,” this principle has since experienced a significant transformation. Initially, the major…

Law360

The Evolution and Impact of the Major Questions Doctrine on Regulatory Authority

Pieter Gunst12 months ago04 mins

In recent years, the Major Questions Doctrine has undergone a significant transformation, marking a shift in the judicial approach to regulatory oversight. Originating from the decision in Whitman v. American Trucking Associations Inc., Justice Antonin Scalia asserted that Congress does not conceal substantial regulatory changes in obscure legislative text. This principle has become an increasingly…

Ars Technica

Federal Judge Rules Trump’s Firing of FTC Commissioner Unlawful, Sparks Legal Battle Over Presidential Powers

Pieter Gunst12 months ago03 mins

A federal judge has determined that former President Donald Trump violated U.S. law by removing Democratic Commissioner Rebecca Kelly Slaughter from the Federal Trade Commission (FTC). In her decision, Judge Loren AliKhan of the U.S. District Court for the District of Columbia stated that because the legal framework governing the removal of FTC commissioners is…

Bloomberg Law

Appeals Courts Navigate New Challenges Following the Demise of the Chevron Doctrine

Pieter Gunst12 months ago03 mins

In the wake of the Supreme Court’s recent decision to overturn the Chevron doctrine, appeals courts are now grappling with the limits of agency authority. By removing the deference courts traditionally placed on agency interpretations of ambiguous statutes, the decision introduces new challenges and uncertainties in regulatory litigation. After Chevron, agencies must now work within…

Bloomberg Law

California’s Pioneering Approach to Agency Deference Gains National Attention amid Chevron Debate

Pieter Gunst12 months ago02 mins

In the ever-evolving landscape of administrative law, California has demonstrated a pronounced divergence from federal standards, particularly concerning agency deference. Years before the wider legal community began scrutinizing the Chevron deference doctrine, California took a distinctive path that foreshadowed current discussions surrounding Loper Bright Enterprises. The Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc….

Law.com

California Wildfire Insurance Dispute: Former Disneyland Counsel Joins State Farm Rate Hike Case

Pieter Gunst1 year ago01 mins

Merritt Farren, the former General Counsel for Disneyland and Audible, has been granted permission by an administrative law judge to intervene in a contentious case involving State Farm’s response to claims following the Palisades wildfires. Farren, who is now seeking to scrutinize California’s approval of an emergency interim rate hike for State Farm, argues that…

Bloomberg Law

Jenner & Block Expands Appellate Expertise with Addition of Peter Davis in Washington, D.C. Office

Pieter Gunst1 year ago03 mins

Jenner & Block has announced the addition of Peter Davis as a partner in its appellate and Supreme Court practice in Washington, D.C. Davis brings extensive experience in appellate litigation, having represented clients across various federal circuits and state appellate courts. His practice encompasses a broad range of civil matters, including administrative law, antitrust, securities,…

Law360

U.S. Supreme Court’s 2023 Term Ends with Pivotal Decisions Impacting Corporate Law

Pieter Gunst1 year ago01 mins

The latest U.S. Supreme Court term followed a now-familiar pattern, delivering some of its most anticipated and sharply divided decisions in the final weeks and hours of the term. This decision-making schedule keeps legal experts and practitioners on edge as the term concludes with impactful rulings that shape the legal landscape. The decisions tackled a…

Jurist

Federal Court Blocks Trump Administration’s Plan to Restructure Health Department, Citing Legislative Violations

Pieter Gunst1 year ago03 mins

A US federal judge has issued a nationwide injunction halting the Trump administration’s plan to reorganize the US Department of Health and Human Services (HHS). The proposed restructuring sought to consolidate several agencies and cut numerous federal jobs, a move that drew immediate legal challenges from federal employee unions. Judge Carl J. Nichols of the…

Law360

North Carolina Appeals Court Faces Key Decision on Workplace Protections for High-Ranking Legal Officials

Pieter Gunst1 year ago01 mins

In a notable development within North Carolina’s legal landscape, the state’s independent administrative law judges have called upon the appeals court to dismiss an appeal by a former general counsel. The individual has alleged that political reasons led to his termination. However, the judges contend that the role in question is not protected by standard…

Bloomberg Law

Hogan Lovells Strengthens International Trade Practice with Key DOJ Veteranshire

Pieter Gunst1 year ago01 mins

“`html Hogan Lovells has expanded its international trade and investment practice with the addition of Joshua Kurland as a partner, the firm announced earlier this week. Kurland, whose expertise encompasses international trade, export controls, and sanctions, will be based out of the firm’s Washington office. Before joining Hogan Lovells, Kurland was senior trial counsel at…

SCOTUSblog

Supreme Court Urged to Uphold Reinstatement of 1,400 Department of Education Employees Amid Legal Challenge

Pieter Gunst1 year ago04 mins

A coalition composed of states, school districts, and teachers’ unions has petitioned the Supreme Court to maintain a federal ruling requiring the reinstatement of approximately 1,400 employees dismissed from the Department of Education. The legal drama centers around a decision orchestrated by U.S. District Judge Myong Joun, which seeks to counteract a reduction in force…

SCOTUSblog

Trump Administration Seeks Supreme Court Intervention to Halt Reinstatement of Education Department Employees

Pieter Gunst1 year ago03 mins

The Trump administration has approached the Supreme Court, aiming to temporarily halt an order by a Massachusetts federal judge mandating the reinstatement of nearly 1,400 Department of Education employees laid off in March. U.S. Solicitor General D. John Sauer presented the administration’s case, asserting that U.S. District Judge Myong Joun lacks the authority to obstruct…

Law360

Federal Judge Allows Discrimination Lawsuit Against D.C. Administrative Judge to Proceed

Pieter Gunst1 year ago01 mins

A lawsuit alleging that a city administrative law judge in Washington D.C. discriminated against Black women has been allowed to proceed to discovery. A federal judge rejected the D.C. government’s motion to dismiss the case, which includes claims that the attorney leading the suit was paid less than her male peers. The case could now…

SCOTUSblog

Supreme Court Opinion Releases: Key June Decisions to Watch

Pieter Gunst1 year ago02 mins

“`html On Thursday, June 5, the legal community will be closely monitoring as the court releases its opinions for one or more argued cases from the current judicial term. This development is scheduled to be covered with continuous updates through live blogging. Such disclosure of judicial opinions can often have significant implications for the legal…

SCOTUSblog

Supreme Court Decisions Impact Agency Independence, Religious Schools, and Legislative Power Dynamics

Pieter Gunst1 year ago03 mins

Each weekday, legal professionals and enthusiasts alike keenly await the curated selection of Supreme Court-related news articles and commentary provided by SCOTUSblog. On Friday, May 23, the morning read offered insights into several significant legal developments. One notable piece from NPR discussed the Supreme Court’s decision to allow former President Trump to dismiss members of…

Jurist

U.S. Supreme Court Clears Path for Removal of Temporary Protected Status for Venezuelans, Affecting 350,000 Immigrants

Pieter Gunst1 year ago03 mins

The United States Supreme Court has allowed the vacatur of temporary protection status (TPS) for 350,000 Venezuelans to go forward, marking a significant development in the ongoing legal battle known as NTPSA v. Noem. The Court’s decision to grant a stay provides a reprieve to the Department of Homeland Security’s move to vacate TPS for…

Bloomberg Law

Troutman Pepper Locke Strengthens Energy Practice with Casey Bell as New Partner in Austin

Pieter Gunst1 year ago02 mins

In a strategic move to strengthen its energy regulatory practice, Troutman Pepper Locke has announced the recruitment of Casey Bell as a partner in its Austin office. Bell, who previously served as an administrative law judge in Texas and practiced at Duggins Wren Mann & Romero, brings extensive experience in regulatory strategy, contested proceedings, and…

SCOTUSblog

Supreme Court’s Ruling on Feliciano v. Department of Transportation: Implications for Federal Regulatory Authority

Pieter Gunst1 year ago02 mins

On Wednesday, April 30, the Supreme Court released its opinion on Feliciano v. Department Of Transportation. This highly anticipated decision was closely monitored, given its potential implications for the federal transportation regulatory framework. For legal professionals and scholars, this ruling could affect future interpretations of administrative law and agency authority. The case scrutinized the Department…

SCOTUSblog

Supreme Court Poised to Release Key Decisions: What to Expect on April 29

Pieter Gunst1 year ago02 mins

“`html The Supreme Court of the United States has scheduled the release of opinions for Tuesday, April 29. During this session, the Court is expected to announce its decisions on one or more argued cases from the current term. This release is part of the regular cycle in which the Court makes its holdings public,…

SCOTUSblog

Supreme Court Faces Pivotal Decisions in Environmental and Immigration Cases

Pieter Gunst1 year ago02 mins

The Thursday morning read from SCOTUSblog presents a curated selection of articles and commentary examining current challenges and issues before the Supreme Court. One key piece from Bloomberg Law by Kimberly Strawbridge Robinson suggests that the justices imply a narrow victory for fuel makers in an ongoing auto emissions lawsuit. This would mark a significant…

Bloomberg Law

Harvard Urges Judiciary to Accelerate Lawsuit Over $2 Billion Funding Reductions

Pieter Gunst1 year ago02 mins

Harvard University has formally requested a federal judge expedite proceedings regarding its legal confrontation with funding cuts amounting to over $2 billion, imposed during the Trump administration. The institution has framed its plea for a swift resolution as essential, citing the substantial financial implications these cuts could have on its operational and academic capabilities. This…

SCOTUSblog

Supreme Court Agrees to Hear Texas Woman’s Suit Against USPS, Raising Agency Accountability Questions

Pieter Gunst1 year ago02 mins

The U.S. Supreme Court has decided to review a case involving a Texas woman’s claim against the U.S. Postal Service, adding it to the docket for the 2025-26 term. This development was announced on a Monday morning and represents the court’s interest in addressing matters related to federal agency accountability and individual grievances. As cases…

Bloomberg Law

Trump Administration’s Deregulation Strategy Tests Legal Boundaries of Administrative Procedure Act

Pieter Gunst1 year ago05 mins

The Trump administration’s recent initiative seeks to accelerate the removal of federal regulations by circumventing traditional rulemaking procedures, a move that hinges on judicial acceptance of a broad interpretation of the Administrative Procedure Act (APA). This regulatory overhaul is aligned with President Trump’s directive for agencies to assess existing regulations against recent Supreme Court decisions,…

SCOTUSblog

Supreme Court to Review ACA Preventive-Care Coverage in Separation of Powers Case

Pieter Gunst1 year ago05 mins

The Supreme Court is set to hear a case on Monday that raises critical issues regarding the separation of powers within the U.S. government, potentially impacting healthcare coverage under the Affordable Care Act (ACA). This case challenges the constitutionality of a specific section within the Department of Health and Human Services (HHS), which pertains to…