The Supreme Court is currently considering a procedural question that could significantly affect how appeals are handled when litigants miss filing deadlines due to delayed notice of judgment. In Parrish v. United States (No. 24-275), the Justices will decide whether a litigant who timely files a notice of appeal after the ordinary deadline—but before a district court formally reopens the appeal period—must later file a second, duplicative notice once the period is officially reopened.Continue Reading Supreme Court Weighs Procedure for Reopened Federal Appeals
Decision Alert: Supreme Court Clarifies Medicare DSH Reimbursement—Key Implications for Hospitals in Advocate Christ Medical Center v. Kennedy
On April 29, in a 7-2 decision authored by Justice Barrett, the Supreme Court held in Advocate Christ Medical Center v. Kennedy (No. 23-715) that the “Medicare fraction” of the Medicare program includes only those patients who were eligible to receive supplementary social income (SSI) payments during the month of their hospitalization, as opposed to patients who were merely enrolled in the SSI system at the time of their hospitalization.Continue Reading Decision Alert: Supreme Court Clarifies Medicare DSH Reimbursement—Key Implications for Hospitals in Advocate Christ Medical Center v. Kennedy
Supreme Court Considers Venue and Nationwide Applicability of EPA Actions in Renewable Fuel Case
In Environmental Protection Agency v. Calumet Shreveport Refining, the Supreme Court is weighing whether legal challenges to the Environmental Protection Agency’s (EPA) denial of Renewable Fuel Standard (RFS) exemptions for small oil refineries must be filed exclusively in the D.C. Circuit under the Clean Air Act (CAA).Continue Reading Supreme Court Considers Venue and Nationwide Applicability of EPA Actions in Renewable Fuel Case
Decision Alert: Supreme Court Narrows EPA Authority Under Clean Water Act in 5-4 Decision
In the closely watched case, City and County of San Francisco v. Environmental Protection Agency, the Supreme Court held in a 5-4 decision that Section 1311(b)(1)(C) of the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to condition compliance with its National Pollutant Discharge Elimination System (NPDES) permits on the quality of the receiving waters. The ruling is expected to significantly impact wastewater treatment facilities nationwide by narrowing the scope of EPA enforcement authority.Continue Reading Decision Alert: Supreme Court Narrows EPA Authority Under Clean Water Act in 5-4 Decision
Decision Alert: Supreme Court Upholds FDA Denial of E-Cigarette Products
On April 2, 2025, in a significant decision in FDA v. Wages and White Lion Investments, LLC, the Supreme Court unanimously upheld the Food and Drug Administration’s (FDA) decision denying marketing authorization for certain e-cigarette products. The Court held that the FDA’s decision was not “arbitrary and capricious,” finding it consistent with the agency’s pre-decisional guidance and statutory mandate.Continue Reading Decision Alert: Supreme Court Upholds FDA Denial of E-Cigarette Products
Up in Smoke: The Supreme Court Explores Who Can Challenge FDA Orders Under the Family Smoking Prevention and Tobacco Control Act—and Where.
In FDA v. R.J. Reynolds Vapor Co., the Supreme Court will decide whether an e-cigarette manufacturer can seek review of the FDA’s denial of its marketing application in a forum where it does not reside by joining a retailer who does.Continue Reading Up in Smoke: The Supreme Court Explores Who Can Challenge FDA Orders Under the Family Smoking Prevention and Tobacco Control Act—and Where.
Supreme Court To Determine Limits of Arbitrary and Capricious Agency Action
In FDA v. Wages and White Lion Investments, LLC,the Supreme Court is set to decide whether the court of appeals erred in ruling that the Food and Drug Administration’s (FDA) denial of authorization for new e-cigarette products was arbitrary and capricious.Continue Reading Supreme Court To Determine Limits of Arbitrary and Capricious Agency Action
Supreme Court to Examine Medicare Reimbursement Calculations
In what promises to be another opportunity to further clarify the scope of federal agency influence after the fall of Chevron deference, on June 10, 2024, the Supreme Court agreed to hear Advocate Christ Medical Center, et al. v. Xavier Becerra, Secretary of Health and Human Services. The case involves the calculation of Medicare reimbursements to hospitals under the “disproportionate share hospital” (DSH) adjustment, which provides additional compensation to hospitals serving an unusually high percentage of low-income patients. Continue Reading Supreme Court to Examine Medicare Reimbursement Calculations
Navigating the New Landscape of Clean Water Regulations: Supreme Court Weighs in on EPA’s Authority Amidst Shifting Deference Standards
In what may be its first opportunity to test the waters of federal agency influence after the fall of Chevron deference, on October 16, 2024, the Supreme Court heard arguments in City and County of San Francisco v. Environmental Protection Agency. This case comes to the Court after a divided Ninth Circuit panel rejected a challenge to the EPA’s authority to enforce the Clean Water Act (“CWA” or the “Act”), 33 U.S.C. § 1251 et seq., through “general narrative prohibitions” spelled out in permits issued under the EPA’s National Pollutant Discharge Elimination System (“NPDES”) permitting program.Continue Reading Navigating the New Landscape of Clean Water Regulations: Supreme Court Weighs in on EPA’s Authority Amidst Shifting Deference Standards