Quick Guide to Administrative Hearings
Consumer Finance Monitor Podcast Episode: Prominent Journalist, David Dayen, Describes his Reporting on the Efforts of Trump 2.0 to Curb CFPB
The Loper Bright Decision - What Really Happened to Chevron and What's Next
Podcast - Legislative Implications of Loper Bright and Corner Post Decisions
#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®
Consumer Finance Monitor Podcast Episode: The Demise of the Chevron Doctrine – Part I
The End of Chevron Deference: Implications of the Supreme Court's Loper Bright Decision — The Consumer Finance Podcast
Down Goes Chevron: A 40-Year Precedent Overturned by the Supreme Court – Diagnosing Health Care
Consumer Finance Monitor Podcast Episode: Supreme Court Hears Two Cases in Which the Plaintiffs Seek to Overturn the Chevron Judicial Deference Framework: Who Will Win and What Does It Mean? Part II
The Future of Chevron Deference - The Consumer Finance Podcast
Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act
Part Two: The MFN Drug Pricing Rule and the Rebate Rule: Where Do We Go From Here?
Part One: Two new Medicare Drug Pricing Rules in One Day: What are the MFN and the Rebate Drug Pricing Rules?
Employment Law Now IV-78- BREAKING: US DOL Issues New Regulations After Federal Court Invalidated Old Regulations
Podcast - Developments in FDA & DOJ Regulation and Enforcement of Manufacturer Communications
Podcast - Chamber of Commerce v. Internal Revenue Service
The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed...more
As reported in our March 31, 2025, blog item, on March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3,...more
Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal...more
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more
U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced on March 12, 2025, that EPA will undertake 31 distinct actions in an effort to advance President Donald Trump's Day One executive orders (EOs) to...more
The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more
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
Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues. In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the...more
This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more
Regulations matter. Federal executive action is supposed to be rooted in statutes, established through regulatory processes generally tied to the Administrative Procedure Act (APA), and — at least conceptually — rooted in the...more
Recently I read a news release that the U.S. Eighth Circuit Court of Appeals had issued a mandamus order against the U.S. EPA. Mandamus order? My mind went back to law school and Marbury v. Madison, which may have been the...more
The first quarter of 2022 has yielded a number of decisions, reversals and agency adjustments worth note. ...more
Earthjustice filed a March 21st Petition before the United States Environmental Protection Agency (“EPA”) on behalf of 130 groups requesting that dams and reservoirs be added as a source category under the Greenhouse Gas...more
In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more
This week, the Court examines whether EPA guidance on water toxicity tests could be challenged under the APA, and addresses whether California’s scheme for taxing railroad property contravenes federal law. SOUTHERN...more
The Center for Biological Diversity (“CBD”) and a number of other environmental organizations submitted a February 8th document to the United States Environmental Protection Agency (“EPA”) titled: Petition for Rulemaking...more
In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more
Waterkeeper Alliance and a number of other environmental organizations (collectively “Waterkeeper”) filed a September 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Environmental...more
The saga of the federal Clean Water Act’s definition of “waters of the United States” (“WOTUS”) has taken more turns recently, including a significant setback for the Trump Administration’s efforts to transition away from the...more
• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more
On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States...more