The Latest Breaking News from West Virginia

Tennessee Attorney General Herbert Slatery (R), joined by 21 Republican attorneys general, filed a lawsuit on July 26, 2022, in the United States District Court for the Eastern District of Tennessee that aimed to overturn guidance from the Biden administration and the Department of Agriculture’s (USDA) Food and Nutrition Service.…

The Court should assimilate the “major questions” doctrine of West Virginia v. EPA and its precedents—including Chevron and what came even before that—to an approach that asks whether Congress has made an actual delegation. Only this will serve the relevant separation-of-powers principle.

President lauds ‘huge step forward’ for his domestic agenda after deal between Manchin and congressional Democrats

The major questions doctrine inverts the Chevron doctrine, is indeterminate, and, as a practical matter, will encourage courts to engage in something more akin to political punditry than law.

Judges have blocked abortion bans set to take effect this week in Wyoming and North Dakota amid lawsuits arguing that the bans violate their state constitutions

‘If a man decides that I’m an object, and does unspeakable, tragic things to me, am I, a child, supposed to carry and birth another child?’

A West Virginia man initially charged with attacking a police officer who died after the U.S. Capitol riot has pleaded guilty to misdemeanor offenses

The Court did not engage with the doctrine directly (as opposed to simply creating an exception to it). How, in fact, would the case have been decided under Chevron?

A correct interpretation of the statute at issue—Section 111(d) of the Clean Air Act—does not give the EPA the authority to issue the sort of regulations at issue in the case.