SCOTUS majority appears to embrace ‘Kisorizing’ or overturning Chevron deference, oral arguments indicate

Conservative justices on the U.S. Supreme Court appeared ready to limit or overturn the 1984 decision that established Chevron deference, the principle that federal courts should defer to reasonable agency interpretations of ambiguous laws, according to media coverage of oral arguments Wednesday.

Jan 18, 2024 11:05 AM CST

Supreme Court will consider overruling landmark Chevron deference decision in a fishy case

On Jan. 17, the U.S. Supreme Court will consider whether they should overrule a landmark 1984 decision often requiring courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes.

Jan 11, 2024 10:33 AM CST

Justice Thomas has ‘serious doubts’ about binding nature of mass-tort bellwether trials

U.S. Supreme Court Justice Clarence Thomas on Monday expressed his “serious doubts” about using bellwether trials in multidistrict litigation to prevent defendants from relitigating issues decided in lawsuits by different plaintiffs.

Nov 22, 2023 2:38 PM CST

Supreme Court adds second case challenging agency power that will allow Justice Jackson to participate

The U.S. Supreme Court won’t decide a challenge to Chevron deference without the participation of Justice Ketanji Brown Jackson.

Oct 16, 2023 11:58 AM CDT

Seattle settles case involving ‘rights of nature,’ a theory gaining steam in other countries

Last month, the city of Seattle settled a “rights of nature” case pending in the Sauk-Suiattle Tribal Court of Appeals that was filed on behalf of salmon harmed by dams on the Skagit River.

May 16, 2023 9:33 AM CDT

Supreme Court could limit agency power after agreeing to reconsider Chevron deference

The U.S. Supreme Court has agreed to consider overruling a 1984 decision that established Chevron deference—the principle that federal courts should defer to reasonable federal agency views when Congress passes ambiguous laws.

May 1, 2023 11:51 AM CDT

‘My guns are bigger,’ judge allegedly declared before pointing Colt .45 at lawyers in courtroom

A Houston lawyer has submitted an affidavit alleging that a West Virginia judge removed a gun from a holster under his robe and pointed it at attorneys defending an energy company.

Jul 18, 2022 11:50 AM CDT

Chemerinsky: This SCOTUS term moved the law ‘dramatically in a conservative direction’

The U.S. Supreme Court's October 2021 term was one of the momentous in history. The only analogy I can think of is 1937 for its dramatic changes in constitutional law. This is the first full term with Justice Amy Coney Barrett on the high court, and we saw the enormous effects of having a 6-3 conservative majority.

Jul 7, 2022 8:46 AM CDT

Riverfront property owners can’t kayak past neighboring properties, state supreme court rules

Fossil hunters who own property along the Mazon River in Illinois can’t kayak past the homes of other riverfront property owners absent permission, the Illinois Supreme Court ruled last week.

Jun 22, 2022 10:10 AM CDT

Supreme Court backlog is the largest in percentage terms since at least 1950

More than half of the cases on the U.S. Supreme Court’s docket have yet to be decided.  As of Friday, the court had 33 opinions remaining, which amounts to 53% of its argued cases this term.

Jun 3, 2022 9:37 AM CDT

Greenhouse gas estimates that justify tougher regulations remain intact after SCOTUS refuses to act

The U.S. Supreme Court on Thursday left intact the Biden administration’s higher estimates of the social cost of greenhouse gases, which are used by federal agencies when drafting new regulations and making permitting decisions.

May 27, 2022 8:46 AM CDT

US law allowing hemp products legalized potlike intoxicant delta-8 THC, 9th Circuit says

A federal appeals court ruled last week that the 2018 law removing most restrictions on hemp legalized the ingredient delta-8 THC, which has psychoactive and intoxicating effects similar to the marijuana ingredient delta-9 THC.

May 24, 2022 9:48 AM CDT

Chemerinsky: SCOTUS could make significant ruling on EPA’s authority to fight climate change—or not

In a term likely filled with blockbuster cases, West Virginia v. Environmental Protection Agency is an enigma: It could turn out to be unimportant and dismissed without a decision; it may be a major ruling on the scope of the EPA’s power; or it could be a huge decision about judicial review of agency decisions. The case, which was argued on Feb. 28, arose in an unusual procedural posture that may cause the court to dismiss it. But if the justices reach the merits, it could be a decision of great significance about environmental and administrative law.

Mar 3, 2022 12:08 PM CST

Troubled Waters

As interest in outdoor recreation has surged, more people are clashing with property owners over the right to be on the waterways. The conflict over the uses of—and even the definitions of—public and private space is a legal conundrum bedeviling locales across the country.

Feb 1, 2022 4:00 AM CST

Disbarred lawyer who fought Chevron gets prison time for disobeying court orders

Disbarred environmental lawyer Steven Donziger was sentenced to six months in prison Friday for refusing to surrender his electronic devices and disobeying other court orders in a suit against him by the Chevron Corp.

Oct 4, 2021 11:16 AM CDT