Supreme Court Conference Preview: Two Loper Bright Cert Petitions, Plus a Loper Relist
Tomorrow, the Supreme Court will consider for the first time two cert petitions at its conference presenting Loper Bright-related questions. A third, more tangentially Loper Bright-related petition will return as a relist. United National Foods is Back The petition in United National Foods, Inc. v. NLRB raises at least two…
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Supreme Court Conference Preview: Two Loper Bright Cert Petitions, Plus a Loper Relist
Tomorrow, the Supreme Court will consider for the first time two cert petitions at its conference presenting Loper Bright-related questions. A third, more tangentially Loper Bright-related petition will return as a relist. United National Foods is Back The petition in United National Foods, Inc. v. NLRB raises at least two Loper Bright implementation questions: Whether…
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which was made possible, in part, by President Trump’s day-one Executive Order on “Unleashing American Energy,” which repealed an Executive Order issued by President Carter directing CEQ to issue government-wide NEPA rules.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…
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…
Applying 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…
DOJ 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…
Americans 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…
AFP 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…
The 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…
Americans For Prosperity Foundation Files Comment on The Administration’s Efforts to Update WOTUS Definition
Today, Americans for Prosperity Foundation filed a comment on the EPA’s and Army Corps of Engineers’ proposal to update regulations defining “waters of the United States”—which set forth the agencies’ understanding of their jurisdiction under the Clean Water Act (CWA). The rule attempts to better respect constitutional and statutory limits on federal power and protect…