News & Analysis as of

Appeals Civil Monetary Penalty

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Covington, Tennessee...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a June 18th Proposed Order and Assessment (“Order”) to Diamond Investments of TN Inc. (“Diamond”) addressing an alleged violation of underground storage...more

King & Spalding

FDA's LDT Rule Struck Down by Court: FDA Has Lost the Battle, But Is the War Over?

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A court has struck down the Food and Drug Administration’s attempt to extend its regulatory authority to clinical laboratory testing services. On March 31, 2025, in the consolidated cases American Clinical Laboratory...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ March 2025

Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Grainger County Rock Crushing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Director's Order and Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th Proposed Director’s Order and Assessment (“Order”) to Sherwin-Williams Company (“Sherwin-Williams”) addressing alleged violations of the...more

Pillsbury Winthrop Shaw Pittman LLP

Journey's End? Fifth Circuit Issues Splintered Decision in Important Clean Air Act Citizen Suit Case

The nine judges that finally coalesced over the decision of affirmance voted for two inconsistent judgments and provided no explanation for this result. The judges held that, under Laidlaw, civil penalties which must be...more

Proskauer - California Employment Law

You Can’t Spell “Aggrieved Employees” Without an “I”: PAGA Claims Cannot be Headless

In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Hohenwald Facility

The Tennessee Department of Environment of Environment and Conservation (“TDEC”) issued an October 29th Proposed Order and Assessment (“Order”) to Om Ganganath, Inc. (“OGI”) addressing alleged violations of the Tennessee...more

Seyfarth Shaw LLP

PAGA Paraphrased – Stone v. Alameda Health System

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Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more

Bass, Berry & Sims PLC

Second Circuit Addresses “Obligation” Requirement of False Claims Act’s Reverse False Claim Provision

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On August 6, the U.S. Court of Appeals for the Second Circuit issued a significant opinion that clarifies the requirements for pleading a reverse false claim under the False Claims Act (FCA). - The Second Circuit joined...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Carter County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 15th Director’s Order and Assessment (“Order”) to Peters Hollow Water System, Inc. (“Peters Hollow”). See Case No. DWS23-0189. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Livingston Stone...

The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Removal of Affirmative Defense Provisions/NESHAP: U.S. Environmental Protection Agency Proposal Addressing Oil and Natural Gas...

The United States Environmental Protection Agency (“EPA”) published in the December 1st Federal Register proposed amendments to the Clean Air Act National Emission Standards for Hazardous Air Pollutants for the oil and gas...more

Mintz - Health Care Viewpoints

HHS Proposes Appropriate Disincentives for Health Care Providers That Commit Information Blocking

In coordination with the Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services (HHS) and Office of the National Coordinator for Health Information Technology (ONC) proposed a...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments - October 2023

Foley & Lardner LLP on

Eleventh Circuit Adopts “Totality of the Circumstances” Test for Showing Protected Activity Under SOX and Denies Whistleblower Petition for Review - In Ronnie v. Office Depot, LLC, --- F.4th ----, 2023 WL 6210623 (11th Cir....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 11th proposed Director’s Order and Assessment (“Order”) to West Point Utility District (“West Point”) alleging violations of the Tennessee...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Jasper Steel Galvanizing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a May 4th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AZZ Galvanizing – Chattanooga LLC (“AZZ”) addressing an alleged violation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Rocky Top Office...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 12th proposed Director’s Order and Assessment (“Order”) to Ultra Tech Extrusions of Tennessee, Inc. (“Ultra Tech”) addressing alleged...more

Hinch Newman LLP

Another U.S. Supreme Court Ruling Erodes Traditional FTC Enforcement Authority Amounting to a Win for Digital Advertisers

Hinch Newman LLP on

On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Newport Concrete Company

The Tennessee Air Pollution Control Board ("Board") issued a proposed Technical Secretary's Order and Assessment of Civil Penalty ("Order") on March 15th to Hommel Concrete Company ("HCC"). See APC22-0192. The Order...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Lawrenceburg Metal Fabrication Facility

The Tennessee Air Pollution Control Board (“Board”) issued a November 1st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Assurance Operations Corporation d/b/a AOC Metal Works (“Assurance”)....more

Proskauer - Minding Your Business

“Unconscionable” Standard Need Not be Clean Cut: NY Appellate Court Reverses Lysol Price Gouging Case

One of the bellwether price gouging cases from the early days of the COVID-19 pandemic was recently reversed and remanded by New York’s First Judicial Department of the Appellate Division. New York Attorney General...more

ArentFox Schiff

California Employers Should Tell Employees To Have a Seat

ArentFox Schiff on

Most of California’s Industrial Welfare Commission (IWC) wage orders mandate that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The California Court of...more

Bracewell LLP

Fifth Circuit's Constitutional Carve-Back of the SEC's ALJ Enforcement Proceedings Likely to Lead to More Federal Court Cases

Bracewell LLP on

On May 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) dealt a major blow to the U.S. Securities and Exchange Commission’s (“SEC”) enforcement program. In Jarkesy v. SEC, the Fifth...more

ArentFox Schiff

DC Circuit Narrowly Interprets False Claims Act’s “Government-Action Bar”

ArentFox Schiff on

On May 17, 2022, the US Court of Appeals for the DC Circuit issued an opinion in a False Claims Act suit, narrowly interpreting the so-called “government-action bar.” The government-action bar, 31 USC § 3730(e)(3), forecloses...more

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