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Loper 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 MoreAmericans for Prosperity Foundation Urges Supreme Court to Overrule Humphrey’s Executor and Restore Constitutional Accountability
Today, the U.S. Supreme Court heard oral arguments in Trump v. Slaughter, an important separation-of-powers case about democratic accountability, individual liberty, and representative self-government. In October, Americans for Prosperity Foundation (AFPF) filed an amicus brief urging the Court to overturn Humphrey’s Executor v. United States, a New Deal-era decision that helped create the Administrative State…
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 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 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,…
Read MoreICYMI: AFP Foundation Partners with Salem Media for “Faith and Liberty Summit 2025”
Little Rock, AR – On Saturday, Americans for Prosperity Foundation–Arkansas (AFPF-AR) partnered with Salem Media to present the Faith and Liberty Summit 2025, a gathering that brought together policy leaders, faith-based advocates, and representatives from conservative organizations to advance the principles of faith, liberty, limited government, and individual rights. As part of the program, AFPF-AR helped…
Read MoreD.C. Circuit Splits on Application of Loper Bright to Furnace Regulations
Earlier this week, the D.C. Circuit issued a major decision in American Gas Ass’n v. Department of Energy, upholding energy efficiency standards for residential gas furnaces and commercial water heaters. Although the case is obviously significant for the energy sector, it is equally noteworthy for its engagement with Loper Bright Enterprises v. Raimondo, the Supreme…
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