Nossaman Environment & Land Use Partner Brooke Wahlberg recently participated in a panel at the Texas Public Policy Foundation’s 2019 Policy Orientation entitled “Frogs or Freedom: Are New Limitations Coming for the Endangered Species Act?” Ms. Wahlberg’s segment addressed the U.S. Supreme Court’s ruling in Weyerhaeuser v. U.S. Fish and Wildlife Service and how the … Continue Reading
On December, 10, 2018, the United States Supreme Court granted a petition for writ of certiorari in Kisor v. Wilkie (No. 18-15), which raises the issue of whether Auer deference should be overruled. Auer deference (also known as Seminole Rock deference) requires courts to defer to an agency’s reasonable interpretation of its own ambiguous regulations. Auer deference … Continue Reading
