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Public Policy
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September 25, 2024
Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ
A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.
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September 25, 2024
Besieged NJ Prosecutor Says Gov. Can't Replace Him Yet
The former Warren County, New Jersey, prosecutor who retired under a cloud in April but withdrew his retirement days later said on Tuesday that Gov. Phil Murphy's move last week to nominate a permanent replacement won't work, because he hasn't actually resigned.
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September 25, 2024
FCC Closer To Opening Airwaves, But Auctions Still In Limbo
President Joe Biden's communications regulators are still pushing to get prized spectrum into the hands of private companies, but the window for regaining legal authority to auction the airwaves this year will soon close, and the next White House administration will face challenges too.
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September 25, 2024
NJ High Court To Review Judicial Privacy Law In Media Case
The New Jersey Supreme Court will consider whether a municipality overstepped by using the judicial privacy measure Daniel's Law to stop a journalist from publishing an article about the city's police director's address, according to a recently filed order.
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September 25, 2024
Texas Court Denies District's Attempt To Boost Valuations
A Texas trial court didn't err in throwing out a counterclaim brought by a local appraisal district to increase the assessed values of two multifamily properties, a state appeals court ruled Wednesday.
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September 25, 2024
NJ Bill Would Hike Threshold For Tax On Property Transfers
New Jersey would raise the threshold for the imposition of a controlling interest transfer tax or an additional fee on transfers of various kinds of real property under a bill introduced in the state Assembly.
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September 25, 2024
Mich. Justices Take Up Prosecutor's Outside Counsel Hires
The Michigan Supreme Court said Wednesday it will hear arguments in a dispute over the Macomb County prosecuting attorney's power to retain outside law firms for general legal advice.
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September 25, 2024
EU States Must Unify Divergent Biz Rules, Majority Says
The European Union must double down on unifying its divergent rules for businesses in a policy proposal next year because the bloc's main competitive advantage is its single market, almost three-quarters of EU countries told the bloc's executive arm.
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September 25, 2024
NYSE Cancels Proposal To Extend SPAC Merger Deadlines
The New York Stock Exchange has pulled a proposal that would have provided special purpose acquisition companies with more time to complete mergers while remaining listed, several months after it sought regulatory approval for the extension.
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September 25, 2024
Wyden Calls On 2025 Tax Bill To Include Partnership Reform
Lawmakers should consider next year how to revise partnership tax laws to better collect on large businesses' income without harming smaller entities as Congress debates over how to address expiring tax provisions, Senate Finance Committee Chairman Ron Wyden said Wednesday.
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September 25, 2024
Ex-NY Congressman Argues He Can Be A Fair Federal Judge
President Joe Biden's nominee for the Northern District of New York told lawmakers on Wednesday that his previous stint as a member of the U.S. House of Representatives won't impact his role as an objective federal judge.
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September 25, 2024
US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
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September 24, 2024
Bank Regulators, SEC Face GOP Inquiry Over Crypto Bulletin
House Republicans have called for the Federal Reserve and other agencies to turn over a host of documents for what the lawmakers say is an inquiry into the origins and behind-the-scenes policymaking impact of the U.S. Securities and Exchange Commission's cryptocurrency accounting guidance.
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September 24, 2024
11th Circ. Weighs 'Good Cause' In Franchise Termination Suit
The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."
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September 24, 2024
Cat In The Hat, 'Trashy' Books Mulled In Redo Of Library Row
The full Fifth Circuit on Tuesday pressed a group of library patrons on whether Texas libraries already routinely engage in viewpoint discrimination through the process of weeding out outdated or unpopular library books during a lengthy discussion of hypotheticals surrounding The Cat in the Hat and the books that 19th-century Americans considered "trashy."
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September 24, 2024
3 Takeaways From Gensler's Big Day Before The House
U.S. Securities and Exchange Commission Chair Gary Gensler appeared before the U.S. House of Representative for potentially the last time on Tuesday, where he stuck up for his agency's actions in the crypto space and hinted at the possible revival of share buyback rules.
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September 24, 2024
DC Judge Rebuffs Trump's Bid To Delay Immunity Briefing
The District of Columbia federal judge overseeing the election interference case against former President Donald Trump on Tuesday shot down his "new and sundry" efforts to push back briefing on the issue of presidential immunity, allowing the government to file a lengthy brief on the issue and remarking that this "is simply how litigation works."
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September 24, 2024
Calif. Gov.'s Emergency Hemp Intoxicant Ban Wins Approval
California retailers are no longer allowed to sell hemp products containing tetrahydrocannabinol after the Golden State's Office of Administrative Law on Monday approved Gov. Gavin Newsom's emergency ban, a move a leading hemp trade group has vowed to challenge.
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September 24, 2024
Red States Back Florida In CWA Permit Program Fight
Nineteen red states have told the D.C. Circuit in a friends of the court brief that it should restore Florida's power to administer a Clean Water Act permitting program for dredging approved by the U.S. Environmental Protection Agency but nixed by a D.C. federal judge.
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September 24, 2024
Eighth Circ. Poised To Weigh FCC's Anti-Redlining Rule
The Federal Communications Commission is headed to court in St. Louis this week to defend new rules aimed at preventing discrimination in broadband deployment as industry groups opposing the rules fret that enforcement could begin any time.
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September 24, 2024
Texas Fair Gun Ban Stands, State Appeals Court Says
A Texas appeals court has rejected Texas Attorney General Ken Paxton's bid for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, handing the state a loss in a Tuesday order and keeping the ban in place ahead of the fair's opening Friday.
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September 24, 2024
Google Expert Targets DOJ's Ad Tech 'Mistakes And Omissions'
A Nobel Economics Prize-winning auctions expert on Tuesday criticized the U.S. Justice Department's monopolization case targeting Google's online advertising placement technology, telling a Virginia federal court that it was based on a fundamental misunderstanding of how the allegedly harmful auctions work.
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September 24, 2024
Cox Sues RI Over Use Of Broadband Deployment Dollars
Cox Communications is suing the state of Rhode Island over its plan for using federal Broadband, Equity, Access and Deployment Program funding, saying in a new complaint that the plan uses "flawed internet speed data" to justify providing redundant high-speed service in affluent areas that are already well-connected.
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September 24, 2024
DC Circ. Open To Industry Challenge To TSCA Reporting Rule
A D.C. Circuit panel on Tuesday seemed receptive to two trade associations' challenge to new federal regulations aimed at increasing Toxic Substances Control Act transparency, pressing the U.S. Environmental Protection Agency on a facet of the rule that opponents say would lead confidential chemical information to be divulged.
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September 24, 2024
Neb. Advocates Bash Effort To Upend Medical Cannabis Vote
Marijuana advocates are urging a Nebraska state judge to toss a lawsuit aiming to block state residents from voting on measures that could legalize medical cannabis and establish a state regulatory system, calling the suit a baseless attack on the "integrity, credibility, and accuracy of Nebraska's election officials."
Expert Analysis
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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Commerce Proposal Could Ease Trade Remedy Administration
Recently proposed international trade enforcement regulations could help the U.S. Department of Commerce more easily administer antidumping and countervailing duty remedies, in turn maximizing relief to American companies adversely affected by unfair trade, says Natan Tubman at Buchanan Ingersoll.
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What To Know About Ill. Employment Law Changes
Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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7 Takeaways For Investment Advisers From FinCEN AML Rule
With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Opinion
CMS' New 'Breakthrough' Device Policy Shows Little Promise
The Centers for Medicare & Medicaid Services’ recent procedural notice outlining a new Medicare coverage pathway for breakthrough medical devices will, at best, be a failed experiment and, at worst, result in Medicare beneficiaries denied access to innovative treatments, say attorneys at King & Spalding.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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An Overview Of New Export Controls On Advanced Tech
With a new rule that took effect this month, the U.S. Department of Commerce's Bureau of Industry and Security continues to expand export controls on advanced technologies, including semiconductor, additive manufacturing and quantum computing, in coordination with international partners, say attorneys at Arnold & Porter.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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How States Are Approaching AI Workplace Discrimination
As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.
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SBA Proposal Materially Alters Contractor Recertification
The Small Business Administration's new proposed rule on recertification affects eligibility for set-aside contracts, significantly alters the landscape for mergers and acquisitions in the government contracts industry, and could have other unintended downstream consequences, says Sam Finnerty at PilieroMazza.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.