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The Supreme Court held 7-2 in Diamond Alternative Energy v. Environmental Protection Agency that fuel producers have standing to challenge the Environmental Protection Agency (EPA)’s approval of California’s vehicle emission regulations. Justice Kavanaugh authored the majority opinion. Justices Sotomayor and Jackson filed separate dissents.

Continue Reading Decision Alert: The Supreme Court Holds That Fuel Producers Have Standing to Sue EPA

In a unanimous and notable decision, the Supreme Court in BLOM Bank SAL v. Honickman reaffirmed the strict threshold imposed by Federal Rule of Civil Procedure 60(b)(6), holding that a party may not evade its “extraordinary circumstances” requirement simply by seeking to amend a complaint post-judgment. Writing for the Court, Justice Thomas rejected the Second Circuit’s attempt to harmonize Rule 60’s demand for finality with Rule 15(a)’s liberal amendment standard.

Continue Reading Decision Alert: Supreme Court Affirms Rule 60(b)’s High Bar to Reopen Final Judgments

In a 6-2 decision authored by Justice Thomas, the Supreme Court held in consolidated cases Oklahoma v. EPA and PacifiCorp v. EPA that the Environmental Protection Agency (EPA)’s disapprovals of 21 individual state implementation plans (SIPs) under the Clean Air Act (CAA) are “locally or regionally applicable” actions, and, as such, must be challenged in their respective regional circuit courts—even when the EPA publishes them in a single, consolidated Federal Register notice.

Continue Reading Decision Alert: Supreme Court Clarifies Venue for Environmental Challenges

The Supreme Court held in Drug Administration v. R.J. Reynolds Vapor Co. that retailers of e-cigarette products are “persons adversely affected” by an FDA denial order under the Family Smoking Prevention and Tobacco Control Act (TCA), and therefore have standing to seek judicial review.

Continue Reading Decision Alert: Supreme Court Affirms Retailers’ Right To Judicial Review Under The Tobacco Control Act

In EPA v. Calumet Shreveport Refin., L.L.C., the Supreme Court ruled that all challenges to Environmental Protection Agency (EPA) denials of small refinery exemption (SRE) petitions under the Clean Air Act’s Renewable Fuel Standard (RFS) program must be brought exclusively in the D.C. Circuit. Writing for the Court, Justice Thomas—joined by seven other Justices—held that while the denials may affect individual refineries, they rest on determinations with “nationwide scope or effect,” triggering D.C. Circuit jurisdiction under the Act.

Continue Reading Decision Alert: The D.C. Circuit Has Exclusive Jurisdiction Over Small Refinery Exemption Challenges Under the Clean Air Act

In an 8-1 decision authored by Justice Sotomayor, the Supreme Court in Parrish v. United States held that a litigant who files a notice of appeal after the original appeal deadline—but before a district court formally reopens the appeal period—is not required to file a second notice once the appeal period is reopened.

Continue Reading Decision Alert: Supreme Court Eases Appeal Rules for Litigants Finding Missed Notice Unnecessary After Reopened Period

In a 6-3 decision, the Supreme Court heldthat the Hobbs Act, which grants federal courts of appeals exclusive jurisdiction to review agency orders, does not prevent district courts from independently evaluating an agency’s interpretation of the law in civil enforcement proceedings. Justice Kavanaugh authored the majority opinion. Justice Kagan dissented, joined by Justices Sotomayor and Jackson.

Continue Reading Decision Alert: Supreme Court Holds That Agencies’ Interpretations of the Hobbs Act Do Not Bind District Courts in Civil Enforcement Proceedings

If you get what you paid for, can you still cry fraud? The Supreme Court answered that question in Kousisis v. United States, unanimously holding that the federal wire fraud statute, 18 U.S.C. § 1343, does not require a scheme to cause financial loss. Writing for the Court, Justice Barrett affirmed that intent to harm is not a necessary element of wire fraud, thereby significantly expanding the statute’s reach.  

Continue Reading Decision Alert: Supreme Court Unanimously Expands Scope of Wire Fraud

The Supreme Court issued a unanimous employment law decision in Ames v. Ohio Department of Youth Services, holding that Title VII of the Civil Rights Act applies equally to all individuals, regardless of their membership in a majority or minority group. The decisive Court rejected the Sixth Circuit’s imposition of a heightened evidentiary burden on majority-group plaintiffs alleging employment discrimination.

Continue Reading Decision Alert: Supreme Court Unanimously Rejects Heightened Burden for Reverse Discrimination Plaintiffs

In Stanley v. City of Sanford, the Court held 7-2 that a retiree is not a “qualified individual” under Title I of the Americans with Disabilities Act of 1990 (ADA), as the statute applies only to current employees or those actively seeking employment.

Continue Reading Decision Alert: Retirees Cannot Bring a Claim Under the ADA as a “Qualified Individual”