Judicial Review of Agency Action
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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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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
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