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Monday Morning Regulatory Review: SCOTUS Statutory Standing; Emergency...
Three unrelated highlights from last week in regulatory practice: The United States Supreme Court (SCOTUS) agreed last Monday to consider a case of private causes of action that has potentially...
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Monday Morning Regulatory Review: Wholesale & Retail Electricity; FLSA...
Three different and recurring intersections of regulations and litigation highlight the past week. The United States Supreme Court (SCOTUS) added another case to the oral argument calendar with...
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Monday Morning Regulatory Review:: Snakes in the Interior; Traditional Waters...
A most interesting opinion from the United States District Court for the District of Columbia preliminarily enjoined the Department of the Interior (DOI) from enforcing regulations that prohibited the...
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Tuesday Morning Regulatory Review: Tailoring Snakes; COOL Trade; Spring 2015...
Welcome back from the Memorial Day holiday with a slightly delayed review of last week’s highlights in regulatory practice. As expected, the United States District Court for the District of Columbia...
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5th Circuit Continues Temporary Bar of Immigration Executive Action
The United States Court of Appeals for the Fifth Circuit, in an extensive but divided panel opinion, today denied the Obama Administration’s request to stay a preliminary injunction of its immigration...
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Monday Morning Regulatory Review: Final Waters of the United States; Proposed...
This week’s review focuses on two significant environmental regulations by the Environmental Protection Agency (EPA): preliminary release of a final definition of “waters of the United States” and...
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Monday Morning Regulatory Review: a Good Week for EPA; NLRB Case...
This week, litigation updates: The United States Court of Appeals for the District of Columbia Circuit last week cleared out a myriad of challenges to Environmental Protection Agency (EPA) regulations...
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Monday Morning Regulatory Review: Final Rules, Not Proposed; Open Internet...
Federal courts reminded by agencies and litigators of lessons they should have previously learned last week, while agencies banked more fuel for future regulatory fires. The United States Court of...
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Monday Morning Regulatory Review – 6/22/15: Truck Emissions Standards &...
While we await the major decisions of the year by the United States Supreme Court (SCOTUS), the regulatory process was relatively quiet last week. The most significant activity focused on proposed...
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SCOTUS Orders Just Compensation for a Regulatory Taking: Agency Regulations...
The United States Supreme Court (SCOTUS) today ruled in Horne v. Department of Agriculture that the government must give just compensation for personal property actually taken in agency price support...
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SCOTUS Upholds Obamacare Subsidies at Chevron “0” – Cautions to Congress and...
The United States Supreme Court (SCOTUS) today decided, in King v. Burwell, that the Patient Protection and Affordable Care Act (Obamacare or PPACA) permitted health care insurance premium tax...
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Monday Morning Regulatory Review: Fracking Rule Stayed; Gainful Employment...
Aside from the United States Supreme Court (SCOTUS)’s end of Term fireworks (covered previously and later today), a few highlights in regulatory practice from the last week included a stay of the...
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SCOTUS Rejects EPA Refusal to Consider Costs in Power Plant Rules — Remand...
A deeply divided United States Supreme Court (SCOTUS), in Michigan v. EPA, today held that the Environmental Protection Agency (EPA) “strayed well beyond the bounds of reasonable interpretation in...
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Monday Morning Regulatory Review: Empty Overtime Proposal & WOTUS Litigation...
Two significant actions in regulatory affairs in the week past, other than United States Supreme Court decision, are worth note. The Department of Labor (DOL) published its controversial Fair Labor...
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Monday Morning Regulatory Review: Nutrition Labeling Extended; Housing...
Summer in Washington and the regulatory agenda is not on vacation, but small sauntering through large items. For example, one agency has extended by a year the compliance date for a major rule, another...
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Monday Morning Regulatory Review: More WOTUS Litigation; Contraceptive...
As Washington swelters, the regulatory docket remains relatively cool. Among last week’s highlights, litigants further challenged the regulatory jurisdictional definition of “Waters of the United...
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Monday Morning Regulatory Review: WOTUS Litigation Joined; CFPB Recess...
Litigation dominated regulatory practice last week. New filings in the Waters of the United States litigation clarified, as expected, some issues and process in nearly a dozen different district...
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Monday Morning Regulatory Review: WOTUS Litigation IV; Cross-State /...
Litigation dominated regulatory affairs last week. Procedural posturing continued in the Waters of the United States (WOTUS) litigation while gaining some clarity and the Clean Air Act (CAA) “good...
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Monday Morning Regulatory Review – 8/10/15: Clean Power & Pay Disclosure
Two agencies spiced up the normal August vacation interlude guaranteed litigation for years to come: The Environmental Protection Agency (EPA) promulgated the Clean Power Plan final rules and the...
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Monday Morning Regulatory Review: Clean Power Plan Litigation Preview; WOTUS...
Highlights from last week in regulatory practice include commencement of litigation over the Administration’s Clean Power Plan in an unusual form while the usual form continued in judicial review of...
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