The April posting in the Federal Register by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration was a bombshell. The feds are proposing to eliminate the regulatory Endangered Species Act’s definition of “harm.” Full stop. The ESA declares that it is illegal to “take” any member of a protected species […]| Investigate Midwest
Sharon Block writes that after Loper Bright, there remain many questions about how the courts will treat the discretionary rulemaking authority of the National Labor Relations Board to protect workers’ right to choose to join unions and act collectively. While precedent suggests the NLRB could retain most of its power to issue and enforce rules, the recent history of a Supreme Court that has shown little favor toward workers or government intervention suggests a narrower reading of the NLRB...| ProMarket
Adam Crews writes that Congress’s expressly broad grants of rulemaking power mean that the Supreme Court’s Loper Bright decision limiting federal agencies’ discretion will likely affect the Federal Communications Commission less than some other federal agencies. Instead, the major questions and nondelegation doctrines pose greater threats to the FCC’s regulatory discretion.| ProMarket