Posts by kschmidt

The University of New Hampshire Law Review recently published an article by University of Tulsa law professor Gwendolyn Savitz entitled “Interpretive Rules are the New Regulations: Agency Guidance After Loper Bright.”  The article explores the impact Loper Bright might have on agencies turning to interpretive rules to bypass notice-and-comment rulemaking and, potentially, searching judicial review…

In a long-awaited remand decision, the D.C. Circuit in Solar Energy Industries Ass’n v. Federal Energy Regulatory Commission upheld FERC’s regulatory interpretation of the Public Utility Regulatory Policies Act (“PURPA”).  The Circuit previously sided with FERC last year when it concluded the agency’s position was “reasonable” under Chevron Step Two, in light of supposed statutory…

The Pacific Legal Foundation launched a new tool that “uses artificial intelligence to trace every federal regulation back to the law that supposedly authorizes it.”

On Friday, in Iowa v. Wright, the Eighth Circuit vacated an April 2024 Department of Energy regulation changing how it calculated the “petroleum equivalency factor” used to determine how car and truck manufacturers can use electric vehicles to comply with Corporate Average Fuel Economy standards set by the National Highway Traffic Safety Administration. Two months…

During yesterday’s Senate Judiciary hearing on nominations, Senator Eric Schmitt (R-MO) questioned nominee to be United States Circuit Judge for the Third Circuit Jennifer L. Mascott on the impact of the Loper Bright decision. Video starting at 1:51:26 here.

AFP Foundation Senior Policy Counsel Ryan Mulvey joined Montana Talk’s Aaron Flint live from the Western Caucus Foundation meeting to discuss Loper Bright. Featuring: Interview starts at 28:20.

Bloomberg Law’s UnCommon Law podcast finishes its series on the “story behind the fishing industry’s Chevron doctrine challenge.” This episode is on: “After Loper Bright, Congress Weighs Sweating the Small Stuff”

A recent cert petition asking the Supreme Court to vacate the Sixth Circuit’s decision in Tennessee v. Kennedy, and remand with instructions to dismiss the case as moot under United States v. Munsingwear, highlights an important Loper Bright implementation question that the Court may need to resolve in a future case: the scope of statutory…

Bloomberg Law’s UnCommon Law podcast continues its series on the “story behind the fishing industry’s Chevron doctrine challenge.” This episode is on: “Chevron Deference Is Dead. Is the Administrative State Still Alive?”