The highly renowned SCOTUSblog brings you weekday curated news articles, commentary, and other significant links related to the Supreme Court. As your trusted source of legal update for Monday, November 13, the digest covers a range of pressing issues, including the potential end of the Chevron doctrine and insights into the activities of Justice Barrett….
The investigation by the Serious Fraud Office (SFO) into Eurasian Natural Resources Corporation (ENRC) has offered multiple key insights over its duration, particularly regarding the question of when redactions are deemed reasonable. The most recent instance involved the High Court studying some redactions the SFO included in a report it revealed in the investigation. This…
The Supreme Court of the United States begins grappling with the persistent and high-stakes issue of the Chevron doctrine’s viability. Amy case at the centre of this debate is Loper Bright Enterprises v. Raimondo, Case No. 21-5166, for which the Supreme Court granted certiorari on May 1, 2023. James P. McLoughlin Jr., Mary Katherine Stukes…
Legal professionals who are invested in the progression of environmental, land use, and natural resources law should pay careful attention to the forthcoming changes to Proposition 65’s warning requirements. These amendments are currently under consideration in California, a state known for its progressive environmental protection programs and regulations. Proposition 65, officially known as the Safe…
In a significant move, Earthjustice and several other organizations have served notice to the United States Environmental Protection Agency (EPA), alleging the agency’s failure to revise certain regulations. The document sent on August 31st is styled as a “60-day Notice of Intent to Sue for Failure to Perform Non-Discretionary Duty Under the Resource Conservation and…
In a striking development in the arbitration world, the English Court has upheld a challenge to an enormous arbitration award against Nigeria, estimated at US$11 billion, on the grounds of it being fraudulently procured. The judgment, which aimed to rectify what English judge referred to as “the most severe abuses of the arbitral process”, offers…
In its 2023 term, the U.S. Supreme Court will undertake the hearing of a potentially transformative case, Loper Bright Enterprises v. Raimondo (Case no. 22-451). At the centre of this proceedings is the request of the appellants for the highest court in the land to reconsider and, they hope, reverse the decision that was made…
On October 26, Delaware Attorney General (AG) Kathleen Jennings initiated legal action against fourteen chemical companies, alleging their liability for contaminating the state’s natural resources with per- and poly-fluoroalkyl substances (PFAS). PFAS are traceable to the use and disposal of aqueous film-forming foam (AFFF), a firefighting foam product extensively employed at airports and military bases….
Legal observers and environmental professionals are increasingly focusing their attention on the implications of the case, Sackett v. U.S. Environmental Protection Agency (EPA), especially in regards to Clean Water Act protections for wetlands and streams. On October 18th, the case was the subject of a hearing, spearheaded by the US Senate Committee on Environment &…
In a crucial update on environmental justice, the Department of Justice (DOJ) has released the first-ever Environmental Justice Enforcement Strategy Report. A keystone project of the DOJ’s newly minted Office of Environmental Justice, the report reflects a significant commitment by the DOJ towards advancing environmental justice across the nation. The Comprehensive Environmental Justice Enforcement Strategy…
October has seen a surge of activity in the United States Mergers and Acquisitions market, making it the busiest month since June 2019. Several industries, notably energy and pharmaceuticals, have been key drivers in this uptick in deal-making activity. Despite the escalating geopolitical uncertainty and challenges from the Israel-Hamas war, major deals continue to push…
In a crucial development connecting the spheres of healthcare and environmental issues, Curtis Bay Energy, LP, commonly known as Curtis Bay, has entered a guilty plea addressing state charges related to their special medical waste incinerator facility located in South Baltimore City, Maryland. This marks a sizable legal action in the field of environmental criminal…
In a significant move within the energy sector, Paul, Weiss, Rifkind, Wharton & Garrison has counseled Chevron Corp. on the successful purchase of its competitor, Hess Corp. Totalling an all-stock transaction value of $53 billion, this adds another feather to the cap of the illustrious law firm. Read more here. The legal cohort accompanying Paul…
In a recent development that marks another significant consolidation in the U.S. oil industry, Chevron Corp. has announced an agreement to acquire Hess Corp. The deal, which is worth $53 billion, follows Chevron’s standard all-stock transaction pattern. As part of the acquisition, Chevron is set to pay $171 per share for Hess. Monday’s statement from…
Salaries of partners in top law firms such as Hogan Lovells and Quinn Emanuel located in Washington are on an upward trajectory, with some high performing individuals and key lateral hires commanding compensation of over $5 million. An elite subset is even making between $15 million and $20 million, suggesting a significant shift in the…
Regina A. Pearson is the newest shareholder for the energy and natural resources practice of Greenberg Traurig, based in Austin, Texas. The official announcement was made by the firm earlier this week, marking a significant addition to their growing team. Bloomberg Law reported on this appointment. With a strong background in project development, Pearson’s specialty…
Legal professionals, particularly those in large corporations and law firms, may well be aware of an important precedent in administrative law: Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. This Supreme Court decision, which dates back to 1984, introduced the concept of “Chevron deference” into legal parlance. The essence of “Chevron deference” lies in…
In a notable 5-2 split decision on October 13, 2023, the Supreme Court of Canada (SCC) has found the federal Impact Assessment Act (IAA) partially unconstitutional in the case of “Reference re Impact Assessment Act”. As outlined in this article from JD Supra, the SCC determined that the IAA’s treatment of “designated projects” is not…
In an intriguing development in Alabama, a joint effort between the state and two environmental entities has resulted in a lawsuit against the City of Tuscaloosa. The complaint has been filed in the Circuit Court of Tuscaloosa County and centers around alleged violations of the Clean Water Act. (Read more) The lawsuit, officially filed under…
In recent legal news, the Supreme Court of the United States has granted certiorari in four cases on October 13, 2023. This recent turn of events could have significant implications for the way in which the Chevron deference doctrine is applied and interpreted. Most notably, one of those cases is Relentless, Inc. v. Department of…
The U.S. Supreme Court is set to hear a pair of cases early next year that poses challenges to the long-established Chevron doctrine, a cornerstone of administrative law that has guided judicial deference to federal administrative agencies’ interpretation of the statutes they oversee for nearly forty years. The arguments contend the Chevron doctrine’s validity, and…
The Supreme Court has expanded its docket for the 2023-24 term with a second case that questions the landmark 1984 decision in Chevron v. Natural Resources Defense Council. The inclusion of the case, known as Relentless v. Department of Commerce, was announced among a list of orders released last Friday. In addition to Relentless v….
The U.S. Supreme Court on Friday made a noteworthy expansion to its docket, adding a second case that challenges a long-established principle known as the Chevron deference. This doctrine is essentially a guide to lower courts, instructing them to default to federal agencies’ interpretations of ambiguous laws. This case, yet unnamed, joins an almost identical…
The US Supreme Court has accepted a second appeal from fishing companies aiming to overturn a long-standing legal doctrine. This doctrine has granted federal regulators profound control in delineating their jurisdiction. The specifics of this appeal come in the wake of an ongoing debate on the role of regulatory agencies in the United States. This…
On December 4, the Supreme Court will hear the challenge to Purdue Pharma’s bankruptcy plan. Purdue Pharma is the manufacturer of OxyContin, a highly addictive painkiller. The argument around Purdue Pharma’s case will be one of the eight cases scheduled in December for seven hours of oral argument, as revealed by the court’s December argument…