Posts by » Joseph Lawless

In the recently decided Encino Motorcars, LLC v. Navarro, No. 15–415 (U.S. June 20, 2016), the Supreme Court affirmed “[o]ne of the basic procedural requirements of administrative rulemaking” – that a federal agency “must give adequate reasons for its decisions” or risk the possibility of an arbitrary-and-capricious ruling under the Administrative Procedure Act (“APA”). Encino, … Read Post

On May 31, 2016, the Supreme Court held that a U.S. Army Corps of Engineers (“ACOE”) Jurisdictional Determination (“JD”) which delineates federally-regulated wetlands on a property is a final agency action subject to judicial review. The case, United States Army Corps of Engineers v. Hawkes Co., Inc. (“Hawkes”), resolved a circuit split among the Eighth, … Read Post

Arguably the most significant overhaul of chemical regulatory law in four decades has passed both the House and the Senate and currently awaits signing by President Obama. Dubbed the Frank R. Lautenberg Chemical Safety Act for the 21st Century (the “Act”),[1] the reformed version of the Toxic Substances Control Act (“TSCA”), if signed into the … Read Post