Tag Archives: deference

While We Are Waiting On Chevron

The Supreme Court issued three opinions today, including an important decision on whether omissions in SEC filings are actionable, and a decision that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions (and that relies on Judge Murphy’s recent Takings Clause decision). But no decision yet on the highly-anticipated blockbuster cases … Continue Reading

Finding Ohio Withheld “Small Mountain of Exculpatory Evidence,” Sixth Circuit Affirms Habeas Grants In 1992 Boy’s Murder

The Sixth Circuit affirmed conditional grants of habeas in the Ohio cases of Gumm v. Mitchell and Bies v. Sheldon yesterday, finding in both cases that the government withheld exculpatory evidence from the defendants in violation of Brady v. Maryland.  Gumm and Bies were convicted of the 1992 murder of ten-year old Aaron Raines of Cincinnati, … Continue Reading

Sixth Circuit Vacates EPA’s Determination Over Agency’s Interpretation of “Adjacent”

In a 2-1 decision, the Sixth Circuit in Summit Petroleum Corporation v. U.S. Environmental Protection Agency, Case Nos. 09-4348; 10-4572, vacated the EPA’s determination that Summit’s facilities constituted a single stationary source under the EPA’s Clean Air Act Title V permitting program.  Summit owns and operates a natural gas plant and connected production wells which … Continue Reading