The Supreme Court’s grant of certiorari in Suncor Energy, Inc. v. County Commissioners of Boulder County (No. 25-170) places squarely before the Court one of the most consequential and rapidly evolving areas of litigation: whether state-law tort claims seeking to impose liability on fossil fuel producers for alleged contributions to climate change are preempted by federal law.
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The Supreme Court has agreed to hear Salazar v. Paramount Global, a case that could significantly clarify the scope of the Video Privacy Protection Act (“VPPA”) and its application to modern digital media platforms. The case asks who qualifies as a “consumer” under a federal privacy statute enacted in the bygone videotape era but increasingly invoked in litigation involving online content and data sharing.
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Trump v. Barbara / Trump v. Washington
The Supreme Court granted review of President Trump’s Executive Order No. 14160, addressing the application of birthright citizenship. The grant follows—and has drawn heightened attention because of—the Court’s earlier decision staying a lower court’s nationwide injunction of the Executive Order. Although courts have long interpreted the Fourteenth Amendment
Notable Business Cases the Court Granted Last Month.
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Little v. Hecox
The Court will consider whether Idaho’s Fairness in Women’s Sports Act, which limits participation in female athletic teams to biological females, violates the Equal Protection Clause and Title IX. The Ninth Circuit’s injunction preserved participation rights for a transgender athlete pending trial, deepening a nationwide split over the intersection of gender identity
Trump, President of U.S., et al. v. Casa, Inc., et al.
Trump, President of U.S., et al. v. Washington, et al.
Trump, President of U.S., et al. v. New Jersey, et al.
In a notable procedural move, the Supreme Court has scheduled oral argument for May 15, 2025, to consider three related emergency applications stemming from President Trump’s January 20 executive order restricting birthright citizenship. The Court’s decision to set oral argument—rather than to summarily rule on the emergency filings—signals the significance of the underlying legal questions.
Continue Reading Grant Alert: Supreme Court to Hear Challenge on Scope of Nationwide Injunctions in Birthright Citizenship Case
Parrish v. United States
In Parrish v. United States, the Supreme Court will address a procedural issue—with potentially serious jurisdictional consequences—regarding the timing of appeals. Typically, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment under 28 U.S.C. § 2107(a)-(b). However, under 28 U.S.C. § 2107(c) and
Section 209 of the Clean Air Act generally preempts states from setting their own emission standards for motor vehicles. However, under Section 209(b), the EPA may grant California a waiver to establish its own standards if California demonstrates a need to address “compelling and extraordinary conditions.”
Continue Reading Grant Alert: Supreme Court Set To Address Article III Standing Based on Effect of Regulation on Third Parties
Congress authorized the Federal Communications Commission (FCC) to establish and implement universal service subsidy programs to promote affordable and reliable nationwide communications services funded by mandatory contributions from telecommunications carriers. 47 U.S.C. § 254. As part of the regulatory scheme to implement its programs, the FCC appointed the Universal Service Administrative Company (USAC), a private company, to administer the programs. Among its tasks, the USAC calculates projections used in computing universal service contribution rates (a tax determined by a private entity according to the Fifth Circuit), which the FCC may adopt.
Continue Reading Grant Alert: The Court Continues To Scrutinize the Administrative State but Questions the Claimed Procedural Laxity of Challenges to Agency Action