7
New Articles
The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law practice as well as the interpretation and enforcement of environmental and natural resource law (among other areas of law). These include Loper Bright Enterprises v. Raimondo, Relentless, Inc. v. Department of Commerce, Securities and Exchange Commission v. Jarkesy, and Corner Post, Inc. v. Board of Governors of the Federal Reserve System, along with Ohio. v. Environmental Protection Agency (in which B&D successfully represented a petitioner in securing stay of the U.S. Environmental Protection Agency’s (EPA) Good Neighbor Rule). Major media outlets have covered each case and its potential ramifications at a high level. B&D provided summaries of these cases earlier this year in our Litigation Look Ahead series.
While each case may hold unique implications on its own, in this overview we highlight some of the potential impacts the cases could have when taken collectively. While the long-term impacts are unknown and may play out in various ways depending on the statute, venue, and case in question, these decisions and others in the 2022 and 2023 Supreme Court terms have continued a trend by the Court towards deregulation at the federal government level and consolidation of authority in the judicial branch to adjudicate regulatory questions. This poses both challenges and opportunities for the regulated community.
Each regulated entity should reevaluate, in a holistic manner, its regulatory and litigation strategy – including active or recently-concluded rulemaking challenges, enforcement actions, and litigation – as these recent cases may present new threats and opportunities. U.S. federal and state regulators – as well as environmental and other NGOS – are no doubt doing the same.
Sign Up for e-NewsBulletins
You are responsible for reading, understanding and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2020 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll free (877) 357-3317. If you would ike to contact us via email please click here.
Copyright ©2024 National Law Forum, LLC
The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law practice as well as the interpretation and enforcement of environmental and natural resource law (among other areas of law). These include Loper Bright Enterprises v. Raimondo, Relentless, Inc. v. Department of Commerce, Securities and Exchange Commission v. Jarkesy, and Corner Post, Inc. v. Board of Governors of the Federal Reserve System, along with Ohio. v. Environmental Protection Agency (in which B&D successfully represented a petitioner in securing stay of the U.S. Environmental Protection Agency’s (EPA) Good Neighbor Rule). Major media outlets have covered each case and its potential ramifications at a high level. B&D provided summaries of these cases earlier this year in our Litigation Look Ahead series.
While each case may hold unique implications on its own, in this overview we highlight some of the potential impacts the cases could have when taken collectively. While the long-term impacts are unknown and may play out in various ways depending on the statute, venue, and case in question, these decisions and others in the 2022 and 2023 Supreme Court terms have continued a trend by the Court towards deregulation at the federal government level and consolidation of authority in the judicial branch to adjudicate regulatory questions. This poses both challenges and opportunities for the regulated community.
Each regulated entity should reevaluate, in a holistic manner, its regulatory and litigation strategy – including active or recently-concluded rulemaking challenges, enforcement actions, and litigation – as these recent cases may present new threats and opportunities. U.S. federal and state regulators – as well as environmental and other NGOS – are no doubt doing the same.
Sign Up for e-NewsBulletins
You are responsible for reading, understanding and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2020 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll free (877) 357-3317. If you would ike to contact us via email please click here.
Copyright ©2024 National Law Forum, LLC
Related
Related posts:
- A Sea Change in Environmental Law: The Supreme Court Just Up-Ended Administrative Review and Enforcement As … – Dentons
- The Supreme Court’s Top-10 Environmental Law Decisions – Legal Planet
- Supreme Court Eyes Major Cases on Climate Change, Voting Rights Act | National Law Journal – Law.com
- A string of Supreme Court decisions hits hard at environmental rules – West Hawaii Today
Powered by YARPP.