The Supreme Court of the United States (SCOTUS) today decided (5+1–3), in City of Arlington v. FCC, that courts do owe agencies deference in interpreting the statutory scope of agency jurisdiction. The court held that lower courts should apply Chevron deference to agency determinations of their own jurisdiction in ambiguous statutes by rejecting the jurisdictional… Continue Reading
Tag Archives: Fifth Circuit
Deepwater Horizon – Agency Actions, Injunctions, and (Not) Contempt
Posted in Judicial Review & RemediesOn April 20, 2010, the Deepwater Horizon exploded and sent a gusher of oil into the Gulf of Mexico. Deepwater Horizon also sent a gusher of litigation into the federal courts: the recent decision in Hornbeck Offshore Services, LLC v. Salazar illustrates the care needed in seeking and enforcing an injunction against an agency of… Continue Reading
SCOTUS to Decide on Deference to Agency Jurisdiction Interpretations
Posted in Judicial Review & RemediesThe United States Supreme Court agreed to review the United States Court of Appeals for the Fifth Circuit decision in City of Arlington, Texas v. FCC, limited to the question of whether courts should apply Chevron deference in reviewing an agency’s determination of its own jurisdiction. This grant of certiorari sets the stage for resolution… Continue Reading
Conflicting Decisions on Delegated Rulemaking Authority: the Uncertain Fate of H-2B Regulations
Posted in Agency Authority, Constitutional Issues in Regulations, Judicial Review & RemediesA new decision in Louisiana Forestry Assn. v. Solis upheld the Department of Labor (DOL) Wage Methodology for the Temporary Non-agricultural Employment H-2B Program, adding another piece to a confusing jigsaw puzzle over the efficacy of the H-2B regulations. District Court decisions upholding regulations normally do not garner major attention by this blog because there… Continue Reading
Monday Morning Regulatory Review – 8/6/12
Posted in Judicial Review & Remedies, Regulatory Flexibility & Small Business, UncategorizedLast week had a little of everything. The Environmental Protection Agency (EPA) noticed a reconsideration of some issues pending judicial review and backed out regulations determined to violate the Administrative Procedure Act (APA). The United States Court of Appeals for the Ninth Circuit found that Congress left a discrete authority in the Department of Justice… Continue Reading
Plain Meaning & A Warning to Agencies: Supreme Court’s RESPA Decision
Posted in Judicial Review & Remedies, LegislationThe Supreme Court of the United States unanimously took Congress at its word last week. The Court decided that an unlawful division of mortgage processing or origination fees requires that the fees be divided. The Court found the “plain language” of the Real Estate Procedures Act of 1974 (“RESPA”) to be controlling in Freeman v…. Continue Reading