On Friday, June 28, the Supreme Court overturned the longstanding Chevron doctrine, on a 6-3 vote, which had previously required courts to defer to federal agencies' reasonable interpretations of statutes within an agency’s ambit. The Chevron rationale was simple: agencies are specialists in their field and so should receive deference when courts review agency actions.
Brownstein Hyatt Farber Schreck
Law Practice
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For decades, we’ve positioned ourselves at the intersection of law, business and policy to bring a multidisciplinary strategy to every issue. We combine outstanding lawyers, leading authorities on policy and true business acumen to solve your toughest challenges. At Brownstein—we’re all in. For more than 50 years, we’ve been making moves that have placed us at the vanguard of our industry. Born in Denver, we’ve since expanded around the country, with 12 offices, 600 employees and 300 attorneys and policy professionals nationwide.
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- Law Practice
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- Denver, CO
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- Privately Held
- Founded
- 1968
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- Core practices include real estate, litigation, business & corporate, and natural resources and government relations.
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Updates
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In a series of rulings at the end of its term, the Supreme Court fundamentally changed administrative law precedents, including some that have held firm for more than 40 years. The decisions will curtail federal agencies’ ability to interpret laws they administer when a governing statute is silent or ambiguous on an issue, and empower courts to use tools of traditional statutory construction for ambiguous laws. Each decision, as outlined below, will have far-reaching effects for all federal regulations and lawmaking in Congress.
Supreme Court Strikes Down Chevron, Reshapes Administrative Law
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Effective July 1, 2024, California residential landlords will generally only be able to charge security deposits equal to one month’s rent with some exceptions for smaller landlords. This is pursuant to Assembly Bill 12 approved in 2023 by California Gov. Gavin Newsom, which amends California Civil Code Section 1950.5
CA Security Deposit Limits Effective 7/1
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Congratulations to Dawn Sullivan, the recent winner of our monthly Employee Recognition Program. Dawn works with the firm’s Intellectual Property & Technology Group to assist clients with protection and enforcement of intellectual property rights. Her colleagues nominated Dawn because of her selflessness, work ethic and “all in” attitude. One colleague described Dawn as “the backbone of our trademark prosecution team” who “always gives 110% to her work with tremendous attention to detail.”
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To honor Pride Month, Brownstein Pride—our employee resource group for LGBTQ+ community members and allies—hosted a variety of events focused on community building and allyship. Special guest Jim Fielding, former Disney executive and author of best-selling book “All Pride, No Ego,” joined us for our annual firmwide Pride celebration for a virtual discussion about his journey as a queer executive. The firm partnered with the LGBTQ+ Victory Fund for its annual Congressional Pride Reception and hosted the LGBTQ+ Presidential Appointee Pride Celebration in partnership with the LGBTQ+ Victory Institute and Q Street. Additionally, our Denver office celebrated Pride at the Denver Pride 5K, which raises funds to support The Center on Colfax.
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Our employees are dedicated to animal welfare and demonstrate that commitment by providing legal pro bono services and financial support and volunteering at and serving on the board of animal shelters and sanctuaries. We recently held a Karma volunteer project at Pepper's Senior Dog Sanctuary, a special place that provides a compassionate, lifelong home where elderly dogs are cared for during their good days, bad days and last days.
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Last week, in West Flagler v. Haaland, the U.S. Supreme Court dealt a major blow to opponents of online tribal sports betting, effectively affirming the D.C. Circuit’s rejection of a challenge to a compact between the Seminole Tribe of Florida and the State of Florida that permits the tribe to offer online sports betting throughout the state.
Supreme Court Denies Cert in Florida Tribal Sports Betting Case
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Colorado wrapped up its primary elections on Tuesday, June 25. Although voter turnout was reportedly lower for this year’s primary elections across the state, the results could still portend shifts in the trajectory of Colorado politics—for both state and federal lawmakers. Overall, it was a good night for centrists as voters selected several candidates—on both sides of the aisle—who were perceived to be more moderate than their primary opponents.
Colorado 2024 Primary Legislative Election Results Roundup
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Constitutional limitations to raising revenue are becoming increasingly relevant for water and other governmental agencies as well as their customers and landowners in response to aging infrastructure, climate change and regulatory requirements. Last Thursday, the California Supreme Court issued a major win to the state and local governments when it ruled unanimously to bar an anti-tax initiative measure known as the Taxpayer Protection and Government Accountability Act from appearing on the November 2024 ballot.
CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot
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On June 14, the House voted 217-199 to pass its version of the fiscal year 2025 National Defense Authorization Act (NDAA) (H.R. 8070), and the Senate Armed Services Committee voted 22-3 to advance their chamber’s version of the bill to the Senate floor. Despite the House NDAA emerging from the House Armed Services Committee with a nearly unanimous vote of 57-1 on May 22, the NDAA passed the House on a nearly party-line vote due to the inclusion of partisan amendments.
House Fires First Shot on Defense Bill as Senate Loads Their Chamber
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