SCOTUS Rejects EPA Refusal to Consider Costs in Power Plant Rules — Remand for Further Analysis

SCOTUS Rejects EPA Refusal to Consider Costs in Power Plant Rules — Remand for Further Analysis

A deeply divided United States Supreme Court (SCOTUS), in Michigan v. EPA, today held that the Environmental Protection Agency (EPA) “strayed well beyond the bounds of reasonable interpretation in concluding that cost is not a factor relevant to the appropriateness of regulating power plants.”

DOJ Shifts Position On Web Access: Stating in Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make Websites Accessible

DOJ Shifts Position On Web Access: Stating in Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make Websites Accessible

What a difference five years makes. In September 2010, the Justice Department (DOJ) announced in an Advanced Notice of Proposed Rulemaking (ANPRM) that it would issue new regulations under Title III of the ADA to address the accessibility of public accommodations websites.

Monday Morning Regulatory Review: Fracking Rule Stayed; Gainful Employment Passing Grade; & ACUS Recommendation

Monday Morning Regulatory Review:  Fracking Rule Stayed; Gainful Employment Passing Grade; & ACUS Recommendation

Aside from the United States Supreme Court (SCOTUS)’s end of Term fireworks (covered previously and later today), a few highlights in regulatory practice from the last week included a stay of the Department of the Interior (DOI)’s hydraulic fracturing rule for federal and Indian lands and summary judgment in favor of the Department of Education (ED) regarding part of its efforts to reign in for-profit colleges.