September 27, 2023
Dozens of House Democrats demanded Wednesday that U.S. Supreme Court Justice Clarence Thomas recuse himself from a case that could kneecap the power of federal regulators, citing new reports highlighting his ties to the billionaire Koch Brothers whose "staff attorneys" represent the plaintiffs.
September 22, 2023
Health groups, scientists, a labor federation, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
September 22, 2023
The U.S. Supreme Court has already agreed to review two cases with important implications for environmental and administrative law during its 2023 term, and several more litigants are seeking the justices' attention on issues ranging from financial responsibility for Superfund cleanups to whether the federal government properly estimated the social costs of greenhouse gases.
September 18, 2023
The federal government on Friday fought to save a decades-old U.S. Supreme Court doctrine that instructs lower courts to defer to federal agencies' interpretations of ambiguous laws, telling the justices it would be a "convulsive shock to the legal system" if the high court were to strike it down.
August 04, 2023
Courts around the U.S. will be weighing important environmental legal issues over the rest of 2023, including how much courts should defer to agency expertise, whether young plaintiffs can sue the U.S. over its energy policies and whether the Biden administration has overstepped in its efforts to enforce its environmental justice priorities.
July 24, 2023
Dozens of conservative think tanks, pro-business groups and U.S. lawmakers have sided with New Jersey's herring industry in a U.S. Supreme Court case that could roll back the deference courts grant to executive agencies to interpret unclear federal laws.
July 21, 2023
A head-spinning spree of rulings and new lawsuits in 2023's first half is reverberating across the health care industry and auguring a dizzying denouement in the year's final months that may well upend assumptions about drug prices and approvals, the False Claims Act and the powers of federal regulators.
July 21, 2023
From climate change torts to fights over greenhouse gas emissions policymaking, federal and state courts will provide plenty of compelling theater for the energy industry in the second half of 2023. Here's a look into the litigation that energy attorneys will be watching closely in the second half of the year.
July 20, 2023
The U.S. Supreme Court should reaffirm a decades-old precedent that instructs lower courts to defer to federal agencies' interpretations of ambiguous laws, but amend its scope, two nonprofit groups said in response to a group of New Jersey herring fishers' attempt to upend the prior ruling.
July 17, 2023
A group of New Jersey herring fishers on Monday told the U.S. Supreme Court it should overrule a decades-old precedent that instructs lower courts to defer to federal agencies' interpretations of ambiguous laws as they challenge regulations requiring the fishing industry to pay for federal inspectors onboard.