Public Policy

  • July 30, 2024

    NYC Loses Injunction Bid In Texas Migrant Busing Suit

    A New York state judge has denied New York City's bid to bar charter bus companies from transporting migrants from Texas, saying the state law the city leaned on is "essentially identical" to one the U.S. Supreme Court struck down in 1941.

  • July 30, 2024

    DC Circ. Finds NIH's Comment Restrictions Unconstitutional

    The National Institutes of Health violated the First Amendment when the agency used keyword filters to hide comments from animal rights activists on its official Facebook and Instagram pages, a D.C. Circuit panel ruled Tuesday.

  • July 30, 2024

    Army Bug Repellent Case Heads To Mediation

    A qui tam case in which the government alleges a North Carolina maker of bug-repellent clothing skimped on the amount of insect control chemicals it applied to combat uniforms will go to mediation, with a former federal magistrate judge serving as mediator, according to an order issued Tuesday.

  • July 30, 2024

    DC Circ. Must Block EPA Mercury Rule, Challengers Say

    Challengers of the U.S. Environmental Protection Agency's new rule tightening mercury and other toxic metal emission standards for some coal-fired power plants are hitting back against arguments by the agency and its supporters that their requested stay of the rule isn't warranted.

  • July 30, 2024

    Monsanto PCB Plaintiffs Say Expert Can Survive Appeals Loss

    A group of families suing Monsanto alleging chemical poisoning urged a Washington state judge on Monday to reject the company's bid to derail their case nearing trial, arguing testimony from an exposure expert cannot be ruled out just because an appellate court struck some of his opinions in a different case.

  • July 30, 2024

    High Court Ruling Dooms EPA Smog Plan, DC Circ. Told

    The U.S. Supreme Court's recent decision to halt the U.S. Environmental Protection Agency's plan to reduce smog-forming emissions across several states is reason enough for the D.C. Circuit to invalidate the rule, several states, industry groups and energy companies argued.

  • July 30, 2024

    10th Circ. Shields Feds From Fire Mismanagement Suit

    The U.S. Forest Service doesn't have to face allegations it mismanaged the response to two Utah wildfires in 2018, the Tenth Circuit said Tuesday.

  • July 30, 2024

    Legalization Foes Mount New Challenge To NY Pot Program

    A group of anti-cannabis activists renewed their challenge to New York's proposal to use public funds to help marijuana retailers launch their businesses, alleging in a new state court lawsuit that the policy violates federal law.

  • July 30, 2024

    Student Loan Borrower Takes Debt Fight To High Court

    A borrower is seeking the U.S. Supreme Court's review of the dismissal of his lawsuit alleging a state student-loan-servicing agency's misrepresentations ended a loan forgiveness opportunity, arguing a circuit court decision that shielded the agency from the suit conflicts with the prior rulings.

  • July 30, 2024

    Exxon Loses Bid For Avangrid Docs In Mass. Climate Suit

    ExxonMobil will not gain access to potentially millions of documents from wind energy company Avangrid as part of the Massachusetts attorney general's long-running climate change suit, after a state court judge found it "inconceivable" that the sought-after material could be relevant to the case.

  • July 30, 2024

    Low-Power TV Stations Seek More Latitude From FCC

    Low-power television stations believe it's time for the Federal Communications Commission to allow them to start operating at higher levels of power as long as they remain in their service contours.

  • July 30, 2024

    Ohio Bill Would Create Credit For Property Tax, Rent

    Ohio would allow homeowners and renters to claim a refundable property tax credit or rebate if their property tax or rent-equivalent tax exceeds 5% of their household income under a bill introduced in the House of Representatives.

  • July 30, 2024

    DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion

    The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.

  • July 30, 2024

    Boston's Ex-Top Cop Says Abuse Claims Lack Corroboration

    A terminated Boston Police commissioner argued to a federal judge Tuesday that he was unconstitutionally denied a public forum to clear his name after the city released a report citing decades-old domestic abuse claims made by his ex-wife.

  • July 30, 2024

    Ga. School District Wants 'Divisive Concepts' Suit Tossed

    A metro Atlanta school district facing charges that it censors LGBTQ+ content and punishes educators who advocate for inclusivity asked a Georgia federal judge to dismiss a suit from a fired teacher that the district claimed would strip schools of the power to decide what's appropriate material for students.

  • July 30, 2024

    Murray Plumb Partner Confirmed As Fed. Judge For Maine

    The U.S. Senate voted 50-43 on Tuesday to confirm Stacey Neumann, a partner at Murray Plumb & Murray, to serve on the District of Maine.

  • July 30, 2024

    No Damage Needed To Replace NJ Beach House, Panel Says

    New Jersey property owners looking to replace an existing structure located in a flood hazard area don't have to show it's in an unusable condition, a state appellate panel ruled Tuesday, backing the state Department of Environmental Protection's denial of a request by neighbors to rescind a developer's permit to replace a beachfront home.

  • July 30, 2024

    Crypto Groups Say Loper Bright Defeats SEC Dealer Rule

    The crypto industry groups fighting U.S. Securities and Exchange Commission regulations that could force some of their members to register with the agency as securities dealers are arguing that the U.S. Supreme Court's recent abandonment of Chevron deference bolsters their argument that the SEC lacked the authority to expand its definition of dealer. 

  • July 30, 2024

    Mass. Says $30M Funding For Steward Will Fund Quick Sales

    The Commonwealth of Massachusetts has told a Texas bankruptcy judge that its agreement to pay $30 million to debtor Steward Health Care is designed to help fund operations at the debtor's struggling hospitals while sales are pursued.

  • July 30, 2024

    PBMs Urge Justices To Reject Review Of Okla. Law Dispute

    An industry trade group representing pharmacy benefits managers urged the U.S. Supreme Court not to disturb its Tenth Circuit victory, which held that an Oklahoma statute regulating PBMs ran afoul of preemption provisions in both the Employee Retirement Income Security Act and Medicare Part D.

  • July 30, 2024

    DC Circ. Wants Chevron Ruling Addressed In GHG Case

    The D.C. Circuit asked challengers of the U.S. Environmental Protection Agency's tighter greenhouse gas emissions standards for vehicles to discuss how the litigation is affected by recent court decisions, including the U.S. Supreme Court's blockbuster ruling that undid what is known as Chevron deference.

  • July 30, 2024

    SF Fed Tells 9th Circ. Banks Not Entitled To Master Accounts

    The San Francisco Federal Reserve Bank told the Ninth Circuit that it was not obligated to give a master account to an Idaho trade finance fintech, arguing federal law does not make these payment system gateways available to everyone regardless of risk.

  • July 30, 2024

    AI Dominance In Startup Funding Has Small Biz Concerned

    Except for funding for artificial-intelligence startups, early-stage companies are struggling to raise capital amid higher interest rates and lean markets for initial public offerings and mergers and acquisitions, members of a small business-focused panel advising the U.S. Securities and Exchange Commission said Tuesday.

  • July 30, 2024

    Psychedelics And The Law: A Midyear Review

    A groundbreaking effort to secure federal approval for a psychedelic medication hit an unexpected snag. Religious groups asserting the right to access controlled substances had mixed success in federal court. Physicians seeking to administer psilocybin to terminally ill patients will finally have their day in court. Here are the major developments in psychedelics law from the first half of 2024.

  • July 30, 2024

    Trade Court OKs Erasure Of Duties On Chinese Xanthan Gum

    The U.S. Court of International Trade blessed the U.S. Department of Commerce's decision to wipe out antidumping duties on Chinese xanthan gum.

Expert Analysis

  • Series

    After Chevron: Scale Tips Favor Away From HHS Agencies

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    The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.

  • Series

    After Chevron: FDA Regulations In The Crosshairs

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    The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • 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.

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