Administrative Law
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McLaughlin Chiropractic Assoc. v. McKesson Corp.
US Sup.Ct. Slip Op. of June 20, 2025 Ruling: The validity of a Federal Communications Commission order that formally interprets a statute within that agency’s jurisdiction may be challenged in a federal District Court proceeding to enforce that statute, despite language in the Hobbs Act, at 28 U.S.C. §2342(1), giving federal Courts of Appeal “exclusive… Continue reading
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Food and Drug Administration v. R.J. Reynolds Vapor Co.
US Sup.Ct. Slip Op. of June 20, 2025 Ruling: When the federal Food and Drug Administration (the “FDA”) denies an application for legal authorization to sell a new kind of e-cigarette to consumers, a retail merchant who did not file the application but who wants to lawfully sell that kind of e-cigarette to his customers,… Continue reading
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Oklahoma v. Environmental Protection Agency
US Sup.Ct. Slip Opinion of June 18, 2025 Ruling: When the federal Environmental Protection Agency (the “EPA”) makes a localized or regional “determination” of fact or law that primarily drives a decision it makes under the federal Clean Air Act, the federal Court of Appeals having jurisdiction over that locality or region, and not the… Continue reading
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Environmental Protection Agency v. Calumet Shreveport Refining
US Sup.Ct. Slip Opinion of June 18, 2025 RULING: When the federal Environmental Protection Agency (the “EPA”) makes a “nationwide” “determination” of fact or law that primarily drives a decision it makes under the Clean Air Act but in a case of localized or regional interest only, the federal Court of Appeals for the District… Continue reading
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FDA v. Wages and White Lion Investments
decided April 2, 2025 The Family Smoking Prevention and Tobacco Control Act of 2009, codified at 21 U.S.C. §§ 387 through 387v, effectively require producers and sellers of electronic cigarettes (i.e.,“e-vape cigarettes”) to apply for permission from the federal Food and Drug Administration (the “FDA”) before marketing e-vape cigarettes in “interstate commerce.” 21 U.S.C. §387j(a)(2)… Continue reading
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BOUARFA v MAYORKAS
In its first decision of the 2024 term, the Court ruled yesterday that an immigration statute enacted by Congress deprived the Court, and all other federal courts of jurisdiction to appeals from the Secretary of Homeland Security’s decision to revoke a previously approved visa application, when the revocation was based on the Secretary’s information that… Continue reading
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CORNER POST v. BOARD OF GOVERNORS
July 1, 2024: In this case challenging the validity of a Federal Reserve Board regulation, the Court held that the plaintiff’s lawsuit was not barred by the overall federal statute of limitations of six years, despite the fact the allegedly illegal regulation was more than six years old. The Court held that the overall limitation… Continue reading
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LOPER BRIGHT ENTERPRISES V. RAIMONDO, SEC. OF COMMERCE, U.S. Sup. Ct. Slip Op. of June 28, 2024
The Court’s Ruling: Here, the Court overruled the “Chevron Deference” Doctrine it established in the 1984 case of Chevron v. Natural Resources Defense Counsel.[1] There, the Court held that federal courts, including itself, were required to defer to a federal administrative agency’s reasonable interpretation of its own statutory authority, even if the court believed that… Continue reading
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OHIO V. ENVIRONMENTAL PROTECTION AGENCY, U.S. Sup. Ct. Slip Op. of June 27, 2024
The Court’s Ruling: The Court issued a temporary “stay” against the enforcement of an Environmental Protection Agency (“EPA”) regulation applicable only to a declining number of states, which would limit their emissions of ozone-producing agents into the atmosphere. The “stay” is to continue until the Court of Appeals, or the Supreme Court itself, finally resolves… Continue reading
RECENT RULINGS 