Posts by kschmidt
D.C. Circuit Accepts FERC Regulatory Interpretation Previously Upheld under Chevron Step-Two
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…
Read MorePacific Legal Foundation Launches Nondelegation Project
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.”
Read MoreEighth Circuit Decision Striking Down Biden EV Subsidy Highlights Loper Bright’s Impact
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…
Read MoreSenator Eric Schmitt Questions Third Circuit Nominee on Loper Impact
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.
Read MoreHow vague statutory language enabled the Biden administration’s CHIPS Act overreach, and what Congress must do next
My latest op-ed in the Washington Reporter uses FOIA docs from the CHIPS Act implementation to demonstrate how ambiguous laws empower unelected bureaucrats and undermine democratic accountability: When Congress rejected sweeping child care subsidies in the Inflation Reduction Act, the Biden administration’s Commerce Secretary Gina Raimondo reportedly told her staff, “if Congress wasn’t going to do what they…
Read MoreAFP Foundation’s Ryan Mulvey on Montana Talks with Aaron Flint
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.
Read MoreBloomberg Law Podcast Finale: After Loper Bright, Congress Weighs Sweating the Small Stuff
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”
Read MoreCert Petition to Watch: Tennessee v. Kennedy Highlights Important Loper Bright Implementation Question
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…
Read MoreBloomberg Law Podcast Asks: Is the Administrative State Still Alive?
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?”
Read MoreEight Circuit Applies Loper Bright in FCC Quadrennial Review Dispute
On July 23rd, in Zimmer Radio of Mid-Missouri v. FCC, the Eighth Circuit applied the Supreme Court’s decision in Loper Bright to a dispute over the FCC’s quadrennial review of its media ownership rules in a way that highlights a few key themes in Loper Bright statutory interpretation cases. Background on the FCC Order Under Section…
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