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However, the case would give Justice Gorsuch a chance to more fully connect the federalism canon and MQD (as he began to do in West Virginia v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

EPA issues four rules limiting pollution from fossil fuel power plants

25 Apr 2024, 8:07 am by John Timmer

The rules came in response to a Supreme Court decision in West Virginia v. [read post]

Law & Disorder - http://arstechnica.com/tech-policy/

Joyce on the Major Questions Doctrine

24 Apr 2024, 8:55 pm by Lawrence Solum

Here is the abstract: The Supreme Court’s recent decision in West Virginia v. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

A Viewer’s Guide to FTC’s Vote on Banning Noncompete Clauses

22 Apr 2024, 7:00 am by William C. MacLeod

The Supreme Court could consider this a Major Question, subject to the analysis of West Virginia v. [read post]

Ad Law Access - http://www.adlawaccess.com

[Josh Blackman] Justice Kavanaugh's Concurrence in Labrador v. Poe

18 Apr 2024, 2:44 pm by Josh Blackman

Justice Kavanaugh offers several examples, including West Virginia v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Don’t Count Your Judicial Vultures Before They Hatch

18 Apr 2024, 7:49 am by Dan Farber

There have been some striking rulings cutting back on agency power, such as West Virginia v. [read post]

Legal Planet - https://legal-planet.org/

Week in Review

11 Apr 2024, 9:48 pm by Hugh Rennie

Supreme Court decision in West Virginia v. [read post]

RegBlog - https://www.theregreview.org/

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

21 Mar 2024, 7:54 am by Dan Farber

In West Virginia v. [read post]

Legal Planet - https://legal-planet.org/

Cunningham on "Problems with the SEC's Climate Disclosure Proposal"

13 Mar 2024, 12:33 pm by Steve Bainbridge

Furthermore, the Proposal faces legal challenges under: the major questions doctrine, as it lacks clear Congressional authorization for its significant policy reach, as suggested in cases since the Proposal was issued, especially West Virginia v. [read post]

ProfessorBainbridge.com - http://www.professorbainbridge.com/professorbainbridgecom/

How the Major Questions Doctrine Could Reshape Banking Law

12 Mar 2024, 9:05 pm by renholding

The Supreme Court explicitly adopted the major questions doctrine in West Virginia v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

SEC Final Rule on Climate Change and GHG Disclosure

10 Mar 2024, 2:56 pm by Stuart Kaplow

In future blogs, we will post about the legal challenges to the Final Rule, including the case already filed by ten states in federal court in the 11th Circuit where West Virginia is the lead plaintiff (.. déjà vu West Virginia v. [read post]

Green Building Law Update - http://www.greenbuildinglawupdate.com/

Supreme Court Hears Challenge to EPA’s Good Neighbor Rule

5 Mar 2024, 8:45 am by DONALD SCARINCI

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review. [read post]

Constitutional Law Reporter - https://constitutionallawreporter.com/

The Three Major Questions Doctrines, by Austin Piatt & Damonta D. Morgan

29 Feb 2024, 8:17 am by Guest Author

We observe that, after West Virginia v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Does “Textualism” Really Prevent “Judicial Activism”? A Response to Prof. John McGinnis, by David Doniger

28 Feb 2024, 2:06 pm by Guest Author

In ASARCO v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Cost-Benefit Analysis in Polarized Times, by Jonathan S. Gould

22 Feb 2024, 1:48 pm by Guest Author

This is precisely what happened in West Virginia v. [read post]