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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

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

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

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

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

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

Cozen O'Connor

AGs Hold Fire as ATF Agrees to Keep FRTs Out of Their States

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A group of 16 Democratic AGs withdrew their motion for a preliminary injunction in a lawsuit challenging a decision by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to redistribute thousands of previously...more

Morrison & Foerster LLP

From Fired to Rehired: CPSC Chaos Reaches Supreme Court

The fired U.S. Consumer Product Safety Commission (CPSC) Democrats are back in their seats and stirring the pot, prompting the Trump administration to make an emergency plea to the Supreme Court for relief. What started as...more

Lerman Senter PLLC

Supreme Court TCPA Decision Limits FCC Interpretative Powers, Expands District Court Review

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The Supreme Court continued its recent trend toward limiting the independence of federal administrative agencies with its decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. In McLaughlin, the Court held...more

Jackson Lewis P.C.

Enhanced AFCA Empowers Agency Fraud-Fighting, Creates Compliance Concerns for Federal Contractors and Others

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Significant revisions to the Program Fraud Civil Remedies Act of 1986 (PFCRA), now called the Administrative False Claims Act (AFCA), bolster federal agencies’ ability to address alleged fraud by expanding their authority to...more

DLA Piper

Puerto Rico Supreme Court Issues Key Ruling: No Automatic Deference to Administrative Agencies’ Conclusions of Law

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Litigants in Puerto Rico now have an easier path to challenge administrative agencies’ determinations after the Puerto Rico Supreme Court (PRSC) ruled in Vázquez v. Consejo de Titulares, 2025 TSPR 56, that courts shall not...more

Jackson Lewis P.C.

PR Supreme Court’s Rejection of Agency Deference Gives Employers New Tools

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The Puerto Rico Supreme Court has issued a landmark decision limiting the deference that Puerto Rico courts owe to administrative agencies’ legal conclusions. The ruling recalibrates the balance of power between courts and...more

Clark Hill PLC

The demise of “Chevron Deference” on the federal level has also arrived in the Arizona state courts

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Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,...more

FordHarrison

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

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On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

Proskauer - Labor Relations Update

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

Ballard Spahr LLP

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

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Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....more

Ballard Spahr LLP

Appeals Court blocks judge’s order temporarily prohibiting large-scale changes at CFPB

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The Circuit Court of Appeals for the District of Columbia has issued an administrative stay for to a judge’s order blocking wholesale changes at the CFPB....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Strengthening Government Fraud Enforcement: Administrative False Claims Act Provides Agencies Tool to Bring Fraud Claims

Enacted as part of the recent National Defense Authorization Act (NDAA), the U.S. Congress established a significant new fraud enforcement mechanism, called the Administrative False Claims Act (AFCA), which empowers federal...more

Venable LLP

Supreme Court Hears Oral Argument in Nondelegation Case Implicating the Powers of Administrative Agencies

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On Wednesday, the Supreme Court heard oral arguments in Federal Communications Commission v. Consumers’ Research (consolidated with SHLB Coalition v. Consumers’ Research), a case about the role of executive administrative...more

Seyfarth Shaw LLP

Trump Fires EEOC Commissioners, Testing Constitutional Limits on Presidential Power Over Independent Agencies

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On the afternoon of Tuesday, January 28, 2025, media reports confirmed that President Trump has fired EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, both Democratic appointees. Samuels confirmed her dismissal via...more

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