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…
- All Resources
- Amicus Brief Commentary
- Blog
- Civil Liberties newsletter
- Commentary
- Energy
- Featured
- Foreign Policy
- Free Speech
- Health Care
- Immigration
- In the News
- Investigations
- Loper Bright
- Newsroom
- Op-ed
- Podcast
- Press Release
- Success Stories
- Victory
- Video
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…
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…
Squitieri & Schmidt Discuss Law-Fact Distinction after Loper Bright
Separation of Powers Institute Professor Chad Squitieri hosted Professor Natalie Schmidt for a fascinating discussion about her article on the distinction between law and fact. The podcast covers formalism, functionalism, realism, agencies’ role in factfinding, and why the distinction between law and fact is critical following the Supreme Court’s decision in Loper Bright. Listen to…
AFP 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…
Americans 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…
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…