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The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an agency acted within its statutory authority, overruling the 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, which directed courts to defer to an agency's interpretation of ambiguous statutory language, so long as the agency's interpretation was "permissible." In Corner Post, Inc. v. [...]

On June 7, 2024, a petition for writ of certiorari was filed with the Supreme Court of the United States asking that it resolve a critical legal issue pertaining to the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)): "To act 'willfully' within the meaning of the ... Statute, must a defendant know that its conduct violates the law?" The petition was filed by a pharmaceutical company in connection with the matter United States ex rel. Adam Hart v. [...]

On June 13, 2024, The Supreme Court ruled in Starbucks v. McKinney that the National Labor Relations Board ("Board") must meet the same four-part test that other litigants must satisfy in order to obtain a preliminary injunction. This holding resolves a split amongst the circuit courts, some of which have applied a "less exacting" two-factor test to preliminary injunctions under Section 10(j) of the National Labor Relations Act ("NLRA"). The Court's Holding In 2022, employees at a [...]