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Administrative Agencies

American Conference Institute (ACI)

[Event] Advanced Administrative Law & Practice - October 29th - 30th, Ottawa ON, Canada

Canadian administrative and public law continues to evolve, shaped by recent decisions from the Supreme Court and the Federal Court of Appeal. Join us for CI's 25th Annual Conference on Advanced Administrative Law and...more

Ruder Ware

Capitol Connection: Wisconsin Supreme Court Shifts Rulemaking & Regulatory Landscape

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In July, the Wisconsin Supreme Court issued a landmark ruling in Evers v. Marklein that reshapes how administrative rules are created and implemented in the state. The Court struck down the Joint Committee for Review of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman's Challenge Fails at D.C. Circuit

Congress in writing laws is faced with a dilemma. On the one hand the laws must be sufficiently clear and specific to enable enforcement, but on the other, the myriad of circumstances that can arise make it impossible to...more

Holland & Knight LLP

Fifth Circuit: Dual Removal Protections for NLRB ALJs, Board Members Likely Unconstitutional

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In issuing a preliminary injunction in Space Exploration Technologies Corp. v. National Labor Relations Board, No. 24-50627 (5th Cir. 2025), the U.S. Court of Appeals for the Fifth Circuit held that the structure of the...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Allows President Trump to Remove Democratic CPSC Commissioners

In a significant decision with broad implications for the structure and independence of federal regulatory agencies, the U.S. Supreme Court on July 23, 2025, granted President Trump’s request to remove three Democratic...more

Vorys, Sater, Seymour and Pease LLP

Ohio Supreme Court Doubles Down on Applying a Plain and Ordinary Meaning to Sales Tax Exemptions

On August 13, 2025, the Ohio Supreme Court overturned the Ohio Board of Tax Appeals (BTA) and the Ohio Tax Commissioner in Claugus Fam. Farm, L.P. v. Harris, 2025-Ohio-2807, Slip Opinion No. 2025-Ohio-2807, thereby allowing...more

Orrick, Herrington & Sutcliffe LLP

Appellate court overturns lower court’s decision to bar CFPB layoffs and other changes

On August 15, the U.S. Court of Appeals for the District of Columbia Circuit vacated a district court’s preliminary injunction that prevented the CFPB from taking actions regarding its employment, contracts and facilities...more

Wiley Rein LLP

New Executive Order Calls for Reforming Federal Grant Oversight

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WHAT: On August 7, 2025, President Trump released an Executive Order (EO), “Improving Oversight Of Federal Grantmaking.” Citing a study from 2024 that claimed more than a quarter of the new National Science Foundation (NSF)...more

Stoel Rives LLP

California Supreme Court Clarifies Standard of Review for CPUC Decisions

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On August 7, 2025, the California Supreme Court issued its decision in Center for Biological Diversity, Inc. v. Public Utilities Commission (Cal., Aug. 7, 2025, No. S283614), 2025 WL 2253765 (Center for Biological Diversity)....more

McGlinchey Stafford

DOL Limits Authority to Seek Liquidated Damages in Wage and Hour Investigations

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On June 27, 2025, a new enforcement directive from the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) took effect, formally eliminating the agency’s policy of seeking the payment of liquidated damages in any...more

Benesch

Post Loper Bright, Courts Differ on How to Handle Skidmore

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For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes....more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

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The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Morrison & Foerster LLP

Supreme Court Lets CPSC Firings Stand—For Now

Capping off two months of legal drama, the Supreme Court has stayed the ruling of U.S. District Judge Matthew J. Maddox, which ordered the immediate reinstatement of the three U.S. Consumer Product Safety Commission (CPSC)...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Cleaning Out the ERISA Attic: DOL Retires Obsolete Interpretive Bulletins

The Department of Labor’s Employee Benefits Security Administration (EBSA) just did what many plan sponsors wish they could do, clear out old, confusing clutter that no longer serves a purpose....more

Foley Hoag LLP - Cannabis and the Law

OCM’s Regulatory Blunder: More turmoil for NY’s nascent adult-use cannabis market

On July 28, 2025, the New York State Office of Cannabis Management (OCM) revealed that they have taken inconsistent and positions with respect to measuring distances between dispensaries and sensitive locations in close...more

Ballard Spahr LLP

Appeals court puts reinstatement of two Democratic members of NCUA board on hold

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The reinstatement of two Democratic NCUA board members has been put on hold by the U.S. Circuit Court of Appeals for the District of Columbia....more

Pillsbury - CommLawCenter

FCC Temporarily Suspends Biennial Ownership Reporting Requirement

While at this stage it is only a temporary win, in the spirit of Chairman Carr’s Delete, Delete, Delete proceeding, the FCC today released a Public Notice announcing that the Commission is suspending the requirement that...more

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

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In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Bergeson & Campbell, P.C.

EPA’s Office of Research and Development — Villain or Victim?

On July 18, 2025, the U.S. Environmental Protection Agency (EPA) rolled out the “reorganization plan” for its Office of Research and Development (ORD). The stated goal of the plan is to reduce budget expenditures, improve...more

Stevens & Lee

Another Step Toward Overruling Humphrey’s Executor and Granting Plenary Presidential Removal Authority

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Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more

Dacheng

China's Inaugural Merger Control Litigation: Tobishi v. SAMR and Its Practical Impact

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Since the Anti-Monopoly Law came into effect in 2008, China has established a merger control regime now administered by the State Administration for Market Regulation (SAMR). Transactions that meet the notification...more

Husch Blackwell LLP

Supreme Court Allows Trump Administration to Fire Democratic CPSC Commissioners, For Now

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On July 23, 2025, the U.S. Supreme Court, in a 6-3 vote, granted the Trump Administration’s request to stay a permanent injunction that had ordered the reinstatement of three Democratic CPSC Commissioners: Mary Boyle,...more

Ballard Spahr LLP

Federal Judge Rules NCUA board members were fired illegally, but Appeals Court puts FTC reinstatement on hold

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A Federal Judge has ruled that two NCUA board members were illegally fired by President Trump and has restored their positions on the board. ...more

Offit Kurman

Quick Guide to Administrative Hearings

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Join the Litigators Lounge with Offit Kurman’s Anders Sleight and Niall McMillan as they dive into the nuances of administrative proceedings versus typical civil court cases, focusing on the process, discovery limitations,...more

ArentFox Schiff

Associations Can Continue Winning Nationwide Injunctions After Supreme Court Ruling

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The US Supreme Court’s recent decision in CASA v. Trump, 606 US ___ (June 27, 2025), sharply limited the ability of individual plaintiffs to obtain nationwide injunctions....more

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