Public Policy

  • August 07, 2024

    7th Circ. Keeps 3M PFAS Pollution Suit In State Court

    The Seventh Circuit on Wednesday rejected 3M's bid to send back to federal court a lawsuit brought by the state of Illinois alleging that the company polluted local waters with toxic "forever chemicals," saying a federal government contractor defense would be "wholly irrelevant" to the state's case.

  • August 07, 2024

    Colo. Justices To Hear Child Abuse Hotline Records Suit

    The Colorado Supreme Court has agreed to hear a dispute over records from a child abuse hotline sought by a news station, taking up an appeal from the state's Department of Human Services arguing that the information could identify children at risk.

  • August 07, 2024

    1st Circ. Backs Boston Prayer Policy With Political Warning

    The First Circuit rejected a satanic temple's challenge to the Boston City Council's practice of inviting local leaders to pray at its meetings, but warned that the practice could conceivably cross constitutional red lines if it became a vehicle to curry favor with voters.

  • August 07, 2024

    NJ AG, Data Biz Say Judicial Privacy Law Is Constitutional

    The New Jersey Office of Attorney General stepped in to defend the judicial privacy measure Daniel's Law this week, arguing alongside a data privacy company in federal court that a group of data brokers accused of violating it are relying on "hypotheticals and edge cases" to claim the law is unconstitutional.

  • August 07, 2024

    Tax Court's Economic Substance Foray May Clarify Limits

    A U.S. Tax Court judge plans to address an ill-defined provision governing the relevance of the economic substance doctrine in a microcaptive insurance case, offering the courts another chance to clarify an anti-abuse tool the IRS has been deploying more often.

  • August 07, 2024

    Split 7th Circ. Axes Forced Labor Suit Against Salvation Army

    A group of former participants in the Salvation Army's rehabilitation programs didn't show how the work they performed for the organization represented forced labor, a split Seventh Circuit panel ruled, keeping an Illinois federal court's decision tossing their suit.

  • August 07, 2024

    CFPB Backs Homeowners In Nationstar Mortgage Fee Suit

    The Consumer Financial Protection Bureau asked a Washington federal court to allow it to file a brief in support of a proposed class action accusing Nationstar Mortgage of illegally charging fees whenever homeowners request payoff statements for their loans.

  • August 07, 2024

    FERC Defends Rejection Of Grid Operator's Project Cost Plan

    The Federal Energy Regulatory Commission is asking the D.C. Circuit to deny two electricity cooperatives' petitions challenging its decision to reject a Southwest Power Pool plan to regionally allocate the costs of some transmission projects within the grid operator's 14-state footprint.

  • August 07, 2024

    Quinn, Jenner Attys Tapped For Trump Shooting Inquiry

    The Republican staff on the newly formed bipartisan task force to investigate the assassination attempt of former President Donald Trump includes Capitol Hill and legal veterans, among them attorneys from Quinn Emanuel Urquhart & Sullivan LLP and Jenner & Block LLP.

  • August 07, 2024

    Missouri Voters Reject Exemption For Child Care Facilities

    Missouri will not allow local governments to exempt child care facilities from property tax after a constitutional amendment was rejected by voters Wednesday. 

  • August 07, 2024

    Pennsylvania Legislation Passed In 2024: A Midyear Report

    Despite a divided legislature in Pennsylvania — the parties have been trading a narrow majority in the House of Representatives and Republicans compose most of the state Senate — lawmakers have managed to send dozens of bills to Democratic Gov. Josh Shapiro's desk in the first half of 2024, including tighter controls on a veterinary drug showing up in heroin, changes to business registrations with the state, and adding arbitration to the tools for family courts.

  • August 07, 2024

    Singapore's Carbon Tax Is Revenue-Neutral, Minister Says

    Singapore's carbon tax is expected to have a neutral impact on tax revenues over the next decade, even after accounting for a recent hike in the rate to SG$25 ($18.81) per metric ton of emissions, the country's environment minister said.

  • August 06, 2024

    Ex-US Atty, Mayor Poised To Face Off In Wash. AG Race

    Seattle's former U.S. attorney and an Eastern Washington mayor who's also a gun rights advocate were leading the statewide primary Tuesday night to become the state's next attorney general.

  • August 06, 2024

    Seattle Atty, Judge Lead Contested Wash. State Justice Race

    A Seattle attorney and a municipal judge were leading late Tuesday in a four-way primary race for a contested seat on the Washington State Supreme Court.

  • August 06, 2024

    From Vets To Labor: The Policies VP Pick Walz Has Backed

    Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.

  • August 06, 2024

    Microsoft's Dechert Attys Slam Delta On Outage Suit Threat

    Microsoft's attorneys at Dechert LLP fired back Tuesday at Delta Air Lines' recent threat to pursue litigation to recoup hundreds of millions in losses from last month's global CrowdStrike outage, saying the airline repeatedly refused Microsoft's offer for technical assistance.

  • August 06, 2024

    Enviro Groups Seek Penalties For Suncor Refinery Pollution

    Environmental justice groups sued Suncor Energy USA Inc. on Tuesday seeking civil penalties on behalf of people exposed to air pollution near an oil refinery, contending that federal and state regulators have failed to stop the company's ongoing Clean Air Act violations.

  • August 06, 2024

    NTSB Door Plug Hearing Spotlights Boeing Production Gaps

    Boeing still hasn't pinpointed who removed and reinstalled the door plug that subsequently blew off a 737 Max 9 jet operated by Alaska Airlines in January, as the National Transportation Safety Board on Tuesday examined what employees described as disjointed protocols and high-pressure production lines.

  • August 06, 2024

    Fed. Circ. Told Edwards Filed Safe Harbor Suit With Bad Intent

    The Federal Circuit rightfully held Meril Life Sciences was protected by a patent safe harbor when bringing its preapproval transcatheter heart valve system to an industry conference and that Edwards Lifesciences' attempts to prove otherwise are just delay tactics, Meril told the full court.

  • August 06, 2024

    Ohio Judge Upholds Law Limiting Gender Care, Sports Access

    An Ohio judge on Tuesday allowed the state to begin enforcing a law that restricts gender-affirming care for minors and bans transgender girls' participation in female sports, siding with the state and determining that the law is a legitimate attempt to protect children.

  • August 06, 2024

    Wash. Again Sues GEO Group Over ICE Detention Inspections

    Washington state's health department has again sued The GEO Group, alleging that the private prison contractor has illegally blocked health officials from entering an ICE facility to investigate a rash of suicide attempts and hundreds of reports of unhealthy conditions.

  • August 06, 2024

    New Bill Would Create 400K-Acre National Monument In Ariz.

    A bill introduced by a ranking member of the House natural resources committee looks to protect 400,000 acres in southern Arizona while declaring the site with ties to at least 13 federally recognized tribes a national monument.

  • August 06, 2024

    EPA Seeks DC Circ. Remand Of Good Neighbor Plan

    The U.S. Environmental Protection Agency asked the D.C. Circuit to let it take a second look at its plan to reduce smog-forming emissions across several states, arguing a remand is necessary to solve issues recently identified by the U.S. Supreme Court.

  • August 06, 2024

    DC Circ. Says CIA Can No-Admit, No-Deny Gitmo Docs

    The D.C. Circuit ruled Tuesday that the CIA could refuse to confirm the existence of documents related to its control of detainees at Guantánamo Bay, rejecting a military lawyer's arguments that those records were already public knowledge.

  • August 06, 2024

    Colo. Judges Probe Broadcaster's Liability For On-Air Claims

    Colorado appellate judges on Tuesday asked a former executive for Dominion Voting Systems to explain how exactly a radio broadcaster is liable in a defamation suit over on-air statements alleging the former executive was responsible for rigging the 2020 election against former President Donald Trump.

Expert Analysis

  • Navigating The New Rise Of Greenwashing Litigation

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    As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

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    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry

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    As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • Series

    After Chevron: Impact On Indian Law May Be Muted

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    Agency interpretations of Indian law statutes that previously stood the test of judicial review ​are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.

  • Opinion

    Trump Immunity Ruling Upends Our Constitutional Scheme

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    The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.

  • High Court Paves Middle Ground For Proceedings Obstruction

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    The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Opportunities For Change In FHFA Practices

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    The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.

  • Constitutional Protections For Cannabis Companies Are Hazy

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    Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.

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