“When it comes to addressing the economic urgency, I think that DOL’s going to take some special care to make workplace obligations as crystal clear as humanly possible,” said Jonathan Berry of Boyden Gray & Associates.
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On May 12, 2020, BG&A filed an opening brief in the U.S. Court of Appeals for the D.C. Circuit in AFPM v. EPA (No. 19-1124), a case concerning EPA’s E15 Rule allowing the year-round sale of gasoline with 15% ethanol. BG&A filed the brief on behalf of a coalition of petitioners that includes non-profit organizations, ethanol producers, farm groups, and…
A regulatory litigator and Supreme Court clerk, Mr. Berry joins the firm after heading the policy office at the U.S. Department of Labor, where he oversaw major regulatory reforms credited with saving the American people billions of dollars.
On February 25, 2020, BG&A filed an amicus brief in the First Circuit in Students for Fair Admissions, Inc. v. Harvard College, No. 19-2005, on behalf of ten economists and econometrics scholars: Dr. Michael P. Keane of the University of New South Wales; Dr. Hanming Fang of the University of Pennsylvania; Dr. Christopher J. Flinn of New York University; Dr….
On December 31, 2019, BG&A filed a Supreme Court amicus brief in June Medical Services v. Gee, Nos. 18-1323, 18-1460, on behalf of nine African American pro-life organizations: The Radiance Foundation, Civil Rights for the Unborn, The Douglass Leadership Institute, The Restoration Project, The Issues4Life Foundation, Frederick Douglass Foundation, The National Black Pro-Life Union, Everlasting Light Ministries, and Project 21….
On December 16, 2019, BG&A and its co-counsel O’Melveny & Myers filed an amicus brief in Seila Law v. Consumer Financial Protection Bureau (CFPB) (S. Ct. No. 19-7), on behalf of the State National Bank of Big Spring Texas, the Competitive Enterprise Institute (CEI), and the 60 Plus Association. BG&A, led by Founding Partner C. Boyden Gray, together with O’Melveny…
Today Michelle Valent voluntarily dismissed her Supreme Court case against the Social Security Administration after the agency agreed to a settlement granting her complete relief. Ms. Valent, a disabled beneficiary of the Social Security Act, was fined $126,210 for failing to report work activity she allegedly performed for a family member’s veterans’ organization while collecting disability benefits. But the 1999…
On August 16, 2019, in the case of Valent v. Saul, Commissioner of Social Security, BG&A filed a petition for writ of certiorari asking the U.S. Supreme Court to overrule or limit the doctrine of Chevron deference. Under the Court’s 1984 decision in Chevron, U.S.A. v. NRDC, courts defer to a government agency’s “reasonable” interpretation of the law whenever a…
On August 9, 2019, BG&A filed a petition for D.C. Circuit review of the Environmental Protection Agency’s rule entitled Modifications to Fuel Regulations To Provide Flexibility for E15, on behalf of a coalition of public interest groups, agricultural organizations, biofuel producers, and fuel retailers. Although the challenged rule is intended to promote year-round access to E15, gasoline containing 15% rather…
On August 8, 2019, BG&A filed a supplemental brief before the Oregon Court of Appeals on behalf Aaron & Melissa Klein. The new brief follows the U.S. Supreme Court’s grant of their petition for writ of certiorari and vacatur of the judgment of the Oregon Court of Appeals. The Oregon Bureau of Labor and Industries ordered the Kleins to pay…