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GRAY & BUSCHBACHER: Joe Manchin’s Legacy Now Depends on Permitting Reform

Former White House Counsel C. Boyden Gray and Michael Buschbacher, counsel at Boyden Gray & Associates, published an editorial in The Wall Street Journal on August 7 urging West Virginia Senator Joe Manchin to continue his push to secure meaningful reforms to the National Environmental Policy Act, or NEPA. They write,  “[W]e were heartened to see that Mr. Manchin secured…

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E&E News Quotes Boyden Gray & Associates on the Supreme Court’s Clarification of the Major Questions Doctrine  

A recent article by Pamela King of E&E News discusses the origins of the major questions doctrine clarified by the Court in its recent decision in West Virginia v. EPA. In West Virginia, the Court considered the legal theory at the heart of the Clean Power Plan, an Obama-era EPA regulation that asserted the authority to impose a cap-and-trade “generation…

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The Epoch Times Quotes Boyden Gray & Associates on the Major Questions Doctrine and Its Implications for Other Regulatory Initiatives by the Biden Administration

A recent article by Kevin Stocklin published in The Epoch Times discusses the implications of the Supreme Court’s recent decision in West Virginia v. EPA for other regulatory initiatives by the Biden Administration. In West Virginia, the Court considered whether the EPA had the authority to impose a cap-and-trade “generation shifting” program on the nation’s electric grid under Section 111…

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Boyden Gray & Associates Completes Briefing in Challenge of FCC’s Universal Service Fund

Boyden Gray & Associates has filed opening and reply briefs in Consumers’ Research and Cause Based Commerce’s challenge of the FCC’s Universal Service Fund. Section 254 of the Telecommunications Act of 1996 established the Universal Service Fund and delegated its operation to the FCC. As its name indicates, the Universal Service Fund is designed to facilitate broad access to telecommunications…

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E&E News Quotes Boyden Gray & Associates on the Major Questions Doctrine and Three Major Climate Rules

A recent article by Lesley Clark and Niina Farah of E&E News discusses the implications of the Supreme Court’s recent decision in West Virginia v. EPA on three major climate rules. In West Virginia , the Court considered the legality of the Clean Power Plan—an Obama era regulation that pointed to EPA’s authority under the Clean Air Act to impose emission limits…

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Boyden Gray & Associates Letter Stands Out in SEC Climate Risk Comments

Rupert Darwall collected some of the most prominent comments made on the SEC’s proposed climate-related risk disclosures rule, highlighting many of the arguments in support of and opposition to the proposed rule. Darwall explains: Much comment on the controversial climate disclosure rule proposed by the Securities and Exchange Commission (SEC) has centered on whether the SEC has the necessary legal…

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Amicus Briefs by Boyden Gray & Associates in Two Recent Supreme Court Decisions

Amicus briefs filed by Boyden Gray & Associates tracked the reasoning in two recent Supreme Court decisions: West Virginia v. EPA and Dobbs v. Jackson Women’s Health Organization. In West Virginia v. EPA, the Court considered the legality of the Clean Power Plan—an Obama era regulation that pointed to EPA’s authority under the Clean Air Act to impose emission limits on…

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The Fifth Circuit Grants Rehearing En Banc in Federal Worker Vax Mandate Suit

The Fifth Circuit granted Boyden Gray & Associates’ petition for en banc rehearing in Feds for Medical Freedom v. Biden, which challenges President Biden’s 2021 executive order requiring federal workers to receive a COVID-19 vaccine or face termination. In December 2021, Boyden Gray & Associates filed a lawsuit challenging the federal worker vaccine mandate, arguing that several million Americans had…

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