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Administrative Procedure Act Biden Administration Executive Orders

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

Fifth Circuit Court of Appeals Negates Ruling on Federal Contractor Minimum Wage

On March 28, 2025, the Fifth Circuit Court of Appeals vacated its previous ruling that permitted a $15 per hour minimum wage for federal contractors, shortly after President Donald Trump revoked the Biden administration rule...more

Akin Gump Strauss Hauer & Feld LLP

Additional Recissions of Harmful Executive Orders and Actions (Trump EO Tracker)

Rescinds several executive orders made during the Biden-Harris administration. A continuation of Executive Order 14148 from January 20, 2025 which rescinded 78 Presidential orders and memoranda issued by then-President Biden....more

Bass, Berry & Sims PLC

Fifth Circuit Delivers Boast to Presidential Authority Under the FPASA

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On February 4, the Fifth Circuit Court overturned a September 2023 order from a Texas trial court finding President Biden lacked the authority under the Federal Property and Administrative Services Act (FPASA or Act) to...more

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

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

Fifth Circuit Upholds Minimum Wage Rate for Federal Contractors

The Fifth Circuit Court of Appeals recently found the Biden administration operated within its authority when it raised the minimum wage for federal contractors to $15 per hour in 2022. This represents a relatively rare win...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Troutman Pepper Locke

A Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

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This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more

Schwabe, Williamson & Wyatt PC

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more

Vinson & Elkins LLP

Outlook on the New Administration: EPA’s Environmental Agenda in the Energy Sector

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During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Permits the Use of the Social Cost of Carbon, For Now

The court’s decision allows the Biden administration to further develop the Social Cost of Carbon (SCC) but leaves open the possibility of future judicial scrutiny of its implementation. The Fifth Circuit’s ruling allows...more

Mintz - Antitrust Viewpoints

FTC Invokes New and Expanded Powers to Propose Bar on Employee Non-Competes

The Federal Trade Commission continues to focus on labor-market competition issues with a set of settlements based on its newly asserted FTC Act Section 5 “stand alone” authority, and a highly controversial proposed...more

Foley & Lardner LLP

FTC Proposes Sweeping Federal Ban on Employee Noncompetes

Foley & Lardner LLP on

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, would essentially abolish employee noncompetes across the United States. A proposed FTC regulation on employee...more

Holland & Knight LLP

Court Issues Nationwide Injunction Halting Federal Landlord Vaccine Mandate

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U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the vaccine mandate on all federal landlords and their...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

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As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Womble Bond Dickinson

The Biden Administration Expands Staff Vaccination Requirement to All Medicare & Medicaid Participating Providers/Suppliers.

Womble Bond Dickinson on

The Biden Administration, through the Centers for Medicare and Medicaid Services (“CMS”) and via Interim Final Rulemaking (“IFR”), has expanded vaccination requirements in many health care settings. Effective November 5,...more

Holland & Knight LLP

Price Transparency in Hospitals – Is Hospital Pricing Data a Protected Trade Secret?

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By this point, it's no secret the cost of healthcare services can vary dramatically between different providers of the same services. The Bush, Obama, Trump and Biden administrations all pushed for price transparency in...more

Sheppard Mullin Richter & Hampton LLP

Executive Order on Promoting Competition in the American Economy: The Biden Administration Considers Drug Pricing Strategies While...

On August 10, 2021, the Centers for Medicare and Medicaid (“CMS”) published a proposed rule (“Proposed Rule”) to rescind the Most Favored Nation Model (“MFN Model”) interim final rule that was published on November 26, 2020...more

Jones Day

Preliminary Injunction Issued Preventing Ban on New Federal Oil and Gas Leases

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As reported in the last edition of The Climate Report, Alabama, Alaska, Arkansas, Louisiana, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia (collectively, "Plaintiff States") filed...more

Jones Day

Temporary Ban on New Federal Oil and Gas Leases Under Fire

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First Quarter of Biden Presidency Impactful for Energy Industry - On January 27, 2021, President Biden signed Executive Order 14008 ("E.O. 14008"), implementing a temporary pause on the auction of new oil and gas leases...more

Cozen O'Connor

Ten Republican Attorneys General Sue Biden Administration Over Climate Change Metric

Cozen O'Connor on

A group of ten Republican AGs, led by Louisiana AG Jeff Landry, sued the Biden administration over an alleged violation of the Administrative Procedures Act by President Biden in issuing an executive order restoring Obama-era...more

Troutman Pepper Locke

State Watchdogs: As Biden Takes Office, Republican Attorneys General Likely to Challenge Administration on Many Fronts

Troutman Pepper Locke on

During the past four years, Democratic state attorneys general filed a record number of lawsuits against the Trump administration’s executive orders. Now as the Biden administration takes office, and with the shoe on the...more

Constangy, Brooks, Smith & Prophete, LLP

Under Biden, Will Dreams Of Dreamers Come True?

Before his inauguration, President Biden expressed his commitment to keeping the Deferred Action for Childhood Arrivals program alive. On his first day in office, he issued an Executive Order directing the Department of...more

Sheppard Mullin Richter & Hampton LLP

Secret Rules and Hidden Penalties: Biden Executive Order Takes Aim at the Trump Administration’s Efforts to Limit HHS’s Use of...

Executive Orders and the Biden Administration’s promises to postpone or withdraw certain last-minute, so-called “midnight rules” promulgated by the Trump Administration are currently grabbing everyone’s attention, especially...more

Williams Mullen

Environmental Notes - January 2021

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Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

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