In a 6-2 decision authored by Justice Thomas, the Supreme Court held in consolidated cases Oklahoma v. EPA and PacifiCorp v. EPA that the Environmental Protection Agency (EPA)’s disapprovals of 21 individual state implementation plans (SIPs) under the Clean Air
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Latest from Dykema - Page 14
Decision Alert: Supreme Court Affirms Retailers’ Right To Judicial Review Under The Tobacco Control Act
The Supreme Court held in Drug Administration v. R.J. Reynolds Vapor Co. that retailers of e-cigarette products are “persons adversely affected” by an FDA denial order under the Family Smoking Prevention and Tobacco Control Act (TCA), and therefore have standing…
The Minnesota Consumer Data Privacy Act Is the Next Evolution in Consumer Privacy Rights
Key Takeaways:
- The Minnesota Consumer Data Privacy Act (the “Act”) follows established trends regarding transparency, data minimization, and required assessments, but represents the next evolution in consumer rights under U.S. state-by-state privacy legislation.
- The Act provides consumers with special rights
…
Decision Alert: The D.C. Circuit Has Exclusive Jurisdiction Over Small Refinery Exemption Challenges Under the Clean Air Act
In EPA v. Calumet Shreveport Refin., L.L.C., the Supreme Court ruled that all challenges to Environmental Protection Agency (EPA) denials of small refinery exemption (SRE) petitions under the Clean Air Act’s Renewable Fuel Standard (RFS) program must be brought exclusively…
Decision Alert: Supreme Court Eases Appeal Rules for Litigants Finding Missed Notice Unnecessary After Reopened Period
In an 8-1 decision authored by Justice Sotomayor, the Supreme Court in Parrish v. United States held that a litigant who files a notice of appeal after the original appeal deadline—but before a district court formally reopens the appeal period—is…
Decision Alert: Supreme Court Holds That Agencies’ Interpretations of the Hobbs Act Do Not Bind District Courts in Civil Enforcement Proceedings
In a 6-3 decision, the Supreme Court heldthat the Hobbs Act, which grants federal courts of appeals exclusive jurisdiction to review agency orders, does not prevent district courts from independently evaluating an agency’s interpretation of the law in civil enforcement…
Decision Alert: Supreme Court Unanimously Expands Scope of Wire Fraud
If you get what you paid for, can you still cry fraud? The Supreme Court answered that question in Kousisis v. United States, unanimously holding that the federal wire fraud statute, 18 U.S.C. § 1343, does not require a scheme…
Decision Alert: Supreme Court Unanimously Rejects Heightened Burden for Reverse Discrimination Plaintiffs
The Supreme Court issued a unanimous employment law decision in Ames v. Ohio Department of Youth Services, holding that Title VII of the Civil Rights Act applies equally to all individuals, regardless of their membership in a majority or minority…
Decision Alert: Retirees Cannot Bring a Claim Under the ADA as a “Qualified Individual”
In Stanley v. City of Sanford, the Court held 7-2 that a retiree is not a “qualified individual” under Title I of the Americans with Disabilities Act of 1990 (ADA), as the statute applies only to current employees or those…
Decision Alert: Supreme Court Rules Texas Lacks Standing to Challenge Nuclear Regulatory Commission Licensing Decision
In a 6-3 decision, the Supreme Court held that the State of Texas and Fasken Land and Minerals Ltd., a private Texas-based company involved in oil and gas extraction and production, lack standing to challenge the Nuclear Regulatory Commission’s (NRC)…