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please read this article and comment below. This is a legal case that the Supreme Court rendered a decision on and all are effected by it.

Looking for a helpful resource to quickly understand the implications of the Loper Bright decision for environmental, energy and natural resources regulations? Check out our team's key takeaways on the legal landscape after Chevron... If you're looking for a deeper dive into how past SCOTUS decisions have impacted the field of environmental law, check out the Environmental Law Institute's May 2024 research report: https://lnkd.in/e-CQdaW9. Though it predates the decision, it provides helpful background for understanding its impacts. #chevron #loperbright #environmentallaw

From my latest column: "Regulations that punish or penalize citizens are essentially laws passed by the Executive branch. However, under our Constitution, laws are made by Congress. A regulation inconsistent with a law written by Congress or goes beyond what Congress intended is unconstitutional. The liberals and the media misunderstand. The expertise needed to interpret what regulations the law allows is legal, not policy. The laws passed by Congress are paramount to the whims and desires of the Executive branch. The most important takeaway from this ruling is that the Supreme Court is acting to restore the checks and balances that characterize the American system of government. Congress is supposed to pass legislation, and the executive is supposed to enforce that legislation. Sometimes, this will require issuing regulations necessary to carry out those laws. So long as those regulations do not create new rules, they are proper. But when they go beyond what Congress legislated, they violate the Constitution."

A decision deferring to federal agencies when the law is vague is under Supreme Court scrutiny, but despite the potentially positive impact that overturning the legislation would have on the EB-5 industry, practitioners aren't ready to cheer yet. Our latest blog article explains why. #eb5 #supremecourt #chevron https://lnkd.in/ewDPmRbh

This SCOTUS decision will have a huge positive impact on businesses and citizens. It curtails the influence and control of unelected officials of federal government agencies and limits them from making all sorts of rules/regulations with impunity. We found this paragraph that mentions the Federal Reserve of interest: “The Supreme Court is expected to rule on Monday on when the statute of limitations to challenge agency action begins to run. The federal government has argued in that case, Corner Post v. Federal Reserve, that if the challenger prevails, it would open the door for a wide range of “belated challenges to agency regulation.” https://lnkd.in/egMeCy6B #business #law #smallerGovernment

A recent Supreme Court ruling narrowed the scope of Waters of the United States #WOTUS, and we're breaking down how it's impacting Colorado, and the response by state government to the ruling. Learn more in our latest #waterlawalert by Ryan Mitchell. https://lnkd.in/gXZJVTYP #coloradowaterlawyers #coloradowaterattorneys #coloradoenvironmentallawyers #coloradowaterlawfirm #californiawaterlawattorneys #coloradowaterlawlawyers

“Although the fishery conservation statute in Loper and Relentless does not involve any health insurance programs or public health, the central issue in these cases — overruling the Chevron doctrine — will have an enormous negative impact on how agencies function and effectively implement legislation that addresses health policies. The stakes of these cases — scheduled for oral argument in January 2024 — could not be higher, as they would place the current balance of the administrative state at risk. These cases are part of an ongoing deregulatory effort leveraging litigation, along with strong judicial skepticism of the administrative state, to restrain federal agencies from effectively implementing the law. Overruling Chevron would not only limit how federal agencies could meaningfully do their work but also curb Congress’ ability to rely on agencies’ technical expertise to accomplish various legislative roles. The prospect of overruling Chevron is especially concerning in health care policy, where agencies must leverage their expertise to address emergencies, adapt to ever-changing technology, and improve health outcomes.”

Should the principles of agency outlined in Chevron be better clarified? A certain level of agency deference is necessary, but what are the boundaries? The Supreme Court is addressing such a case involving the Magnuson-Stevens Act, with a ruling expected this summer. Chevron is a very important case that has been cited over 18,000 times by federal courts. However, one basic example of a concern would be if an agency changes position and courts face issues with stare decisis. A complicated but very important matter to address.

Lots of changes at the Supreme Court level. Many eyes on the Chevron position that has stood for 40 years: The Supreme Court, in a 6-2 decision (1984), established the Chevron deference framework, which outlines a two-step process for courts to follow when reviewing agency interpretations of statutes: Step One: Courts must determine whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, then both the court and the agency must follow that intent. Step Two: If the statute is silent or ambiguous on the specific issue, courts must defer to the agency's interpretation as long as it is reasonable and not arbitrary or capricious. Now we will see if this ruling stands, given the new justices and their interpretations. During debates, Chief Justice John Roberts indicated that overturning Chevron might not have a significant impact as the Supreme Court hadn't heavily relied on it recently. Martinez argued that although the issue arises often in lower courts, overturning Chevron wouldn't affect prior cases. However, Prelogar disagreed, stating that thousands of rulings could be challenged, with litigants emerging to contest decisions. -- https://lnkd.in/gR_FQ5KN -- VMG Health Brennan Manna Diamond Ronald Chapman II, Esq. LLM Jonathan Levitt Frier Levitt Eric Rubenstein, MSCJ, CFE Sean Weiss

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