Tag

Administrative Law

All articles tagged with #administrative law

politics23 days ago•19 min saved

DEA Sets Ground Rules for Marijuana Scheduling Hearing This Month

A DEA judge issued a 12-page order detailing the ground rules for a hearing on moving marijuana from Schedule I to Schedule III, set to run June 29–July 15 at a DEA facility in Arlington, VA. Only designated opponents of cannabis reform are invited to participate; reform supporters were not. Each party will have a 15-minute opening, may call up to two witnesses, and face limited cross-examination, with post-hearing briefs due later. The proceeding is separate from the Biden-era action on medical cannabis and, if rescheduling occurs, could affect federal taxes, gun forms, and other regulations amid ongoing lawsuits challenging the effort.

via Marijuana Moment|

#administrative-law #cannabis-policy #dea

law1 month ago•5 min saved

Supreme Court Upholds FCC Fines Over Carrier Privacy Violations

An 8-1 Supreme Court ruling upheld the FCC’s authority to fine AT&T and Verizon for failing to protect customers’ location data, saying that paying the penalties and then pursuing a jury trial in federal court suffices to protect Seventh Amendment rights. The decision distinguishes the FCC’s enforcement model from the SEC’s and reinforces agencies’ use of civil penalties, potentially affecting other agencies; the fines totaled about $57 million for AT&T and $48 million for Verizon.

via The New York Times|

#administrative-law #cellphone-carriers #data-privacy

law1 month ago•4 min saved

SCOTUS Reverses Fourth Circuit, Keeps Immigration Judges’ Free-Speech Case Alive

The Supreme Court reversed a Fourth Circuit ruling, saying the lower court overstepped by letting the immigration-judges’ free-speech lawsuit proceed, and sent the case back to federal courts on venue grounds. The decision is procedural and does not address the merits, occurring amid broader political pressure on immigration judges.

via The New York Times|

#administrative-law #federal-courts #free-speech

law2 months ago•5 min saved

Supreme Court Examines FCC Fines Power in AT&T-Verizon Case

The Supreme Court is weighing the FCC’s power to levy civil penalties on telecoms without a jury trial in a case involving multi‑million‑dollar fines against AT&T and Verizon for failing to protect location data. The Trump administration argues such penalties are essential enforcement tools, while the carriers say the penalties resolve liability and should be subject to a jury. A ruling could reshape enforcement authority for several federal agencies and affect privacy protections nationwide.

via The New York Times|

#administrative-law #fcc #jury-trial

politics5 months ago•2 min saved

Court Rules Trump-Era Pause on EV Charger Funds Unlawful

A federal judge in Seattle ruled that the Trump administration unlawfully paused funding for the NEVI Formula Program, ordering the Transportation Department to preserve already approved funds and implementation plans. The decision, praised by environmental groups, bars further withdrawal or cancellation of the Biden-era EV charging investments and signals that Congress’s funding for EV infrastructure should proceed as intended.

via CNBC|

#administrative-law #clean-energy #court-ruling

health6 months ago•5 min saved

Debate Intensifies Over Future of Childhood Vaccines and Regulations

Robert F. Kennedy Jr. faces legal and procedural hurdles in his efforts to overhaul the US pediatric immunization schedule, as any unilateral policy change must follow the Administrative Procedure Act, involve proper deliberative processes, and could be challenged in court, especially given his recent actions and the established role of the CDC's advisory committee.

via CIDRAP|

#administrative-law #cdc #health

politics10 months ago•5 min saved

Federal Judge Blocks Firing of Voice of America Director Amid Kari Lake and Trump Legal Battles

A federal judge in Washington, D.C. ruled that Kari Lake cannot unilaterally fire the Voice of America director, citing legal requirements for congressional approval and adherence to statutory procedures, amidst ongoing disputes over the broadcaster's management and independence.

via NPR|

#administrative-law #federal-court #kari-lake

environment1 year ago•3 min saved

Baltimore Judge Orders EPA to Reinstate $180M Environmental Justice Grants

A federal judge ruled that the EPA's termination of $600 million in environmental justice grants was unlawful, affirming that the agency exceeded its authority by ending funds designated for low-income and communities of color, and emphasizing that Congress intended these funds for environmental justice efforts.

via Politico|

#administrative-law #environment #environmental-justice

businesscorporate2 years ago•1 min saved

"Amazon Joins SpaceX in Challenging Constitutionality of Labor Board"

Amazon has filed a legal document claiming the National Labor Relations Board (NLRB) is "unconstitutional" in connection with a 2023 case accusing the company of breaking labor rules. The e-commerce giant argues that the NLRB's structure violates the separation of powers and its hearings can seek legal remedies beyond what's allowed without a trial by jury, similar to claims made by SpaceX in a separate lawsuit earlier this year. Both companies are challenging the NLRB's authority, despite the common use of administrative law by various federal agencies.

via The Verge|

#administrative-law #amazon #businesscorporate

law-and-politics2 years ago•9 min saved

"Supreme Court Justices Grapple with Power Dynamics and Judicial Restraint"

Four Supreme Court justices are considering overruling the Chevron v. National Resources Defense Council decision, which limits federal judges' ability to make policy decisions. Justices Roberts and Barrett are uncertain about the decision, with Barrett expressing concerns about the disruptive consequences of overruling Chevron and Roberts downplaying its significance. Overruling Chevron would transfer an immense amount of power to the justices, effectively making them the ultimate decision-makers on policy questions previously handled by federal agencies. The case raises the question of whether unelected judges should have such authority, and the outcome remains uncertain.

via Vox.com|

#administrative-law #chevron #justice-barrett

politics2 years ago•7 min saved

"Supreme Court Poised for Major Shift in Federal Regulatory Power"

The Supreme Court's conservative majority signaled a potential shift in federal regulatory power by considering a case that could limit agencies' ability to interpret laws passed by Congress, known as "Chevron deference." The case involves a 2020 federal regulation requiring fishing vessel owners to pay for at-sea monitors, but the focus of the arguments centered on the 40-year-old legal doctrine of Chevron deference. Critics argue that this doctrine gives federal agencies too much power, and the conservative justices appeared open to curtailing it, expressing concerns about its impact on different classes of individuals. A decision from the court is expected by the summer.

via CBS News|

#administrative-law #chevron-deference #conservative-majority

us-politics2 years ago•1 min saved

"Supreme Court's Decision Looms Over Federal Agency Power"

The Supreme Court is considering whether to overturn the Chevron deference, a key 1984 decision that empowers executive agencies and affects countless regulations. Overturning this precedent could transfer power from agencies to Congress and the courts, potentially impacting areas such as the environment, health care, and consumer safety. The doctrine requires judges to defer to agencies' reasonable interpretations of ambiguous statutes, and the cases being considered involve objections to a maritime agency's interpretation of a 1976 law regarding overfishing prevention.

via The New York Times|

#administrative-law #chevron-deference #executive-agencies

law-and-politics2 years ago•6 min saved

"Supreme Court Grapples with Federal Regulator Power in Landmark Case"

The Supreme Court is set to hear arguments in a significant battle over the authority of federal agencies, particularly focusing on the Chevron deference doctrine, which dictates how much deference judges should give to federal agency regulations and executive branch decisions when interpreting ambiguous laws. A ruling against agency power could significantly limit federal regulators' authority and impact policymaking under the Biden administration and beyond, with potential implications for a wide range of federal government policies.

via POLITICO|

#administrative-law #chevron-deference #federal-agencies

politics2 years ago•4 min saved

Supreme Court's Decision on Abortion Pill Access and FDA Approval

Republican presidential candidate Vivek Ramaswamy hopes that the U.S. Supreme Court will overturn the FDA's approval of the abortion pill, arguing that the agency exceeded its authority in approving it. Ramaswamy believes the case is more about administrative law and the FDA approval process rather than abortion itself. The Supreme Court has agreed to hear the case, which could potentially restrict access to the abortion drug nationwide. Pro-life doctors have challenged the FDA's approval of the drug, while the Biden administration and the drug manufacturer are asking the court to reverse an appellate ruling that would impose restrictions on the drug's use. Ramaswamy sees the case as a symptom of issues within the administrative state and believes that expanding abortion access should be done through Congress.

via Fox News|

#abortion-pill #administrative-law #fda

law3 years ago•1 min saved

Supreme Court to Reevaluate Government Power and Judicial Deference in Key Cases.

The US Supreme Court will hear a case that could potentially limit the authority of federal agencies, including environmental regulations. The case involves the Chevron Doctrine, which grants agencies deference when Congress left ambiguity in a statute. The Herring fishing company Loper Bright Enterprises is appealing a ruling that left in place a National Marine Fisheries Service regulation based on the doctrine. The regulation requires herring fishing boats to allow a federal observer aboard to oversee operations and compensate them for their time. The company argues the regulation significantly decreases their profit margin, and the agency had no authorization to impose it.

via The Hill|

#administrative-law #chevron-doctrine #environmental-regulations