Posts by kschmidt
Americans for Prosperity Foundation Applauds Finalization of Trump NEPA Permitting Reforms
Today, the Trump Administration announced that the Council on Environmental Quality (CEQ) took a key step in achieving landmark permitting reforms by finalizing an Interim Final Rule (IFR) rescinding CEQ’s National Environmental Policy Act (NEPA) implementing regulations. Americans for Prosperity Foundation applauds this action, which was made possible, in part, by President Trump’s day-one Executive Order on “Unleashing American Energy,” which repealed an Executive Order issued by President Carter directing CEQ to issue government-wide NEPA rules. AFPF submitted a comment supporting CEQ’s IFR and this outcome. CEQ’s Final Rule…
Read MoreLoper Bright Looms Large in EPA’s Exempted Renewable Fuel Reallocation Plan
Earlier this month, a group of Republican U.S. Senators, led by Ted Cruz (Texas) and Mike Lee (Utah), sent a letter to the Environmental Protection Agency (“EPA”) discouraging the agency from moving forward with a proposal to reallocate exempted renewable volume obligations pursuant to the agency’s Renewal Fuel Standard program. Loper Bright figured prominently in the coalition letter and, specifically, the legislators’ argument that Congress’s failure to authorize such reallocation by statute deprived…
Read MoreApplying Loper Bright, Federal Circuit Upholds OPM Overtime Rule
AFP Foundation’s Michael Pepson mentioned Lesko v. United States as a case to watch for understanding how Loper Bright might guide restraint over agency authority without Chevron deference earlier this year. At the time, the Federal Circuit had ordered en banc review to reconsider whether the Court of Federal Claims correctly upheld the Office of…
Read MoreDOJ Eliminates Disparate-Impact Liability from Title VI Regulations in the Wake of Loper Bright
When the Supreme Court decided Loper Bright Enterprises v. Raimondo, overturning Chevron deference, it clarified the principle that federal agencies cannot extend their authority beyond what has been clearly authorized by Congress. In declaring that “statutes . . . have a single, best meaning,” the Court made clear that agencies must follow the law as…
Read MoreAFP Foundation Files Amicus Brief in U.S. Supreme Court Case Supporting Donor Privacy
CONTACT: AFP Media, media@afphq.org Washington, DC — Americans for Prosperity Foundation (AFPF) has filed an amicus brief with the U.S. Supreme Court, as they consider the issue of donor privacy in today’s oral argument, First Choice Women’s Resource Centers v. Platkin, a case challenging a New Jersey Attorney General subpoena that seeks to force a nonprofit pregnancy center to reveal…
Read MoreThe Stare Decisis Effects of Loper Bright 1
Jace Lington and Bennett Nuss discuss the implications of the Loper Bright decision on administrative law with guest Eli Nachmany. Eli’s forthcoming paper, “Deference Undisturbed,” examines the effects of the Loper Bright decision on prior cases decided under the Chevron framework. They discuss the open legal questions that remain after the end of Chevron, the role of Congress in shaping administrative law, and the future of…
Read MoreAFP Foundation Urges Supreme Court to Pare Back Qualified Immunity in First Amendment Cases
AFP Foundation filed an amicus brief in the U.S. Supreme Court in support of petitioner, NRA, which is seeking review of the application of qualified immunity to block recovery in its case alleging First Amendment infringement in NRA v. Vullo. If that name sounds familiar, it should. NRA v. Vullo was before the Supreme Court…
Read MoreAmericans for Prosperity Foundation Urges Supreme Court to Enforce Constitutional Limits on Federal Power to Regulate Local Conduct
Today, Americans for Prosperity Foundation filed an amicus brief in the U.S. Supreme Court in Canna Provisions Inc. et al. v. Bondi—an important constitutional challenge to Congress’s authority to regulate and criminalize purely local conduct that under our system of federalism is supposed to be handled at the state and local levels—urging the Court to address the important…
Read MoreFedSoc Webinar: Responses to the Administrative State in the States
The Federalist Society is hosting a Webinar on Monday, November 17th at 12:00 PM ET. Details and registration information below:
Read MoreSixth Circuit Decision Notes Growing Consensus Loper Bright Applies To NLRB
Loper Bright overruled the Chevron doctrine and held that the APA requires courts to independently interpret statutes without deferring to federal agencies’ views on what the law is. In its wake, questions have arisen as to whether and how Loper Bright applies to the National Labor Relations Board’s interpretations of the National Labor Relations Act,…
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