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Searching Content indexed under Trials & Appeals & Compensation by Patrick Joyce ordered by Published Date Descending.
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Supreme Court To Reconsider ‘Auer' Deference
Seyfarth Synopsis: The U.S. Supreme Court agreed this week to reconsider a key precedent of administrative law that tells judges to defer to an agency's interpretation ...
United States
18 Dec 2018
2
Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action
Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities' alleged contamination of groundwater near Dayton, Ohio ...
United States
28 Aug 2018
3
Chevron Deference Under Attack At State Level
On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state's administrative procedure laws to remove "Chevron Deference," ...
United States
23 Apr 2018
4
States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule
Continuing the fight over the Obama-era WOTUS Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation, and a host of states, including New York and California have brought lawsuits...
United States
14 Feb 2018
5
Supreme Court Sides With Property Owners: Jurisdictional Determination Is Reviewable
The Supreme Court decided that Army Corps' jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately judicially reviewable.
United States
9 Jun 2016
6
Does The Supreme Court's Ruling In Spokeo v. Robins Change The Standing Requirements For Pursuing Environmental Citizen Suit Claims?
U.S. Supreme Court: mere violation of a statute creating a private right of action is not itself sufficient to satisfy the standing requirement under Article III's "case or controversy."
United States
26 May 2016
7
Circuit Court Says Superfund Request For Information Trigger's Insurer's Defense Obligation
The 9th Circuit confirmed that an EPAs request for information letter investigating a Superfund cleanup site is a "suit" triggering an insurer's duty to defend.
United States
20 May 2016
8
Supreme Court To Decide If Army Corps Initial Jurisdictional Determination To Regulate Wetlands Under CWA Is Ripe For Judicial Review
The Supreme Court of the United States agreed on Friday to review an important Clean Water Act decision issued by the Eighth Circuit in Hawkes Co., Inc., et al. v. U.S. Army Corps of Engineers, No. 13-3067 (April 10, 2015).
United States
29 Dec 2015
9
Energy Insights: An Update From The Second Quarter Of 2015
In two unrelated events, the Pennsylvania Appeals Court in April 2015 in Stacey Haney et al. v. Range Resources-Appalachia Inc. declined to review a trial court's order directing Range Resources to produce proprietary information...
United States
11 Aug 2015
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