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In McLaughlin Chiropractic Associates v. McKesson Corporation, the Supreme Court is set to determine whether the Hobbs Act requires district courts to follow the Federal Communications Commission’s (FCC) interpretation of the Telephone Consumer Protection Act (TCPA)—specifically, the FCC’s understanding that the TCPA does not prohibit electronically received faxes, a mundane issue that involves seemingly extinct technology (fax machines), but arising in a case that holds potentially significant constitutional consequences.Continue Reading Supreme Court To Clarify Finality of Federal Agency Orders

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