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Appeals Stays

Stevens & Lee

Not So Fast: Enforcing an Appellate Decision Requires the Appellate Court’s Mandate or Remand

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Here is a typical scenario. You appeal your case to a federal or state appellate court. The briefing is done and dusted. The case is argued. Everyone is patiently waiting for the appellate court’s decision. Then — voila — the...more

Katten Muchin Rosenman LLP

A CAT-astrophic Funding Model? Court Sends SEC Back to the Drawing Board

The US Court of Appeals for the Eleventh Circuit (Eleventh Circuit) recently vacated the Securities and Exchange Commission’s (SEC) 2023 funding order for the Consolidated Audit Trail (CAT) (the 2023 Funding Order), stayed...more

Pillsbury - PFAS Observer

D.C. Circuit Restarts Litigation over EPA’s PFAS Drinking Water Standards, Continues Pause in CERCLA Litigation

On July 22, 2025, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit granted a motion by the Environmental Protection Agency (EPA) to lift the abeyance in consolidated litigation challenging the agency’s...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

Ballard Spahr LLP

Supreme Court allows Education Department to fire employees; Is CFPB Staff Next?

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In another case that may not augur well for the CFPB staff, the Supreme Court is allowing the Trump Administration to continue dismantling the Education Department, lifting a court order that had required the rehiring of as...more

Bergeson & Campbell, P.C.

EPA Extends Postponement of Effective Date of Certain Provisions of TCE Risk Management Rule 

On June 23, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effective date of certain regulatory provisions of its December 17, 2024, final risk management rule for trichloroethylene...more

Husch Blackwell LLP

Trump Administration Seeks Supreme Court Stay of Democratic CPSC Commissioners’ Reinstatement After Losses in District Court and...

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On June 23, 2025, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland denied a motion by President Donald J. Trump and other officials (“Defendants”) to stay his order reinstating three Democratic...more

Fox Rothschild LLP

Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation

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EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of...more

Husch Blackwell LLP

Permanent Injunction – IEEPA Reciprocal Tariffs Will Continue to be Collected During the Pendency of the Appeal

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On June 10, 2025, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) stayed the Court of International Trade’s (“CIT”) permanent injunction on the Trump Administration’s executive orders...more

Seyfarth Shaw LLP

CHNV Parole Update: SCOTUS Grants Stay, Terminations May Proceed — But Implementation Unclear

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In a 7–2 decision issued by the U.S. Supreme Court on May 30th (with Justices Jackson and Sotomayor dissenting), the Court granted the federal government’s request to stay the district court’s injunction that had blocked the...more

DLA Piper

Trump Administration Continues Tariff-Driven Trade Policy Despite Legal Challenges

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Recent legal challenges to the Trump Administration’s tariff agenda have generated heightened uncertainty within the trade environment, and companies are encouraged to take note. On May 28, 2025, the US Court of...more

Pillsbury - Global Trade & Sanctions Law

Two Federal Courts Invalidate “Reciprocal” and Other Emergency Tariffs, But Relief Paused Pending Appeal

In a landmark decision, the U.S. Court of International Trade (CIT) has ruled against President Trump’s imposition of tariffs under the International Emergency Economic Powers Act (IEEPA). In its decision (involving two...more

Morgan Lewis

Courts Invalidate President’s IEEPA Tariffs, But Stays Keep Duties on Imports—for Now

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The US Court of International Trade and the US District Court for the District of Columbia have invalidated President Donald Trump’s actions imposing tariffs pursuant to the International Emergency Economic Powers Act of...more

WilmerHale

IEEPA Tariff Litigation: What You Need to Know About the Federal Court Decisions Threatening the Trump Administration’s Tariff...

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Last week, two federal courts struck down sweeping tariffs that the Trump Administration had recently imposed under the International Emergency Economic Powers Act (IEEPA). ...more

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

Supreme Court Reverses Lower Court Order Pausing Termination of CHNV Parole Program

On May 30, 2025, the Supreme Court of the United States issued an order granting the Trump administration’s application to stay a lower court order temporarily halting the rescission of the Cuba, Haiti, Nicaragua, and...more

Farella Braun + Martel LLP

EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more

Blake, Cassels & Graydon LLP

Le Tribunal de commerce international des États-Unis se prononce sur la légalité des tarifs douaniers

Le 28 mai 2025, le Tribunal de commerce international des États-Unis (le « Tribunal »), soit un tribunal fédéral américain spécialisé dans les lois sur les douanes et le commerce international, a publié la première décision...more

Jenner & Block

Client Alert: Tariffs Cancelled By Courts—Or Are They?

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Two courts this week invalidated the tariffs issued by the President under the International Emergency Economic Powers Act (IEEPA). First, late Wednesday night (May 28), the US Court of International Trade (CIT) in V.O.S. v....more

Wilson Sonsini Goodrich & Rosati

Off Again, On Again: Tariffs Continue Despite Trade Court Holding

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) unanimously ruled that President Trump exceeded his legal authority under the International Emergency Economic Powers Act of 1977 (IEEPA)...more

Lathrop GPM

Trump Tariffs Remain in Place...For Now

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On May 29, a federal appeals court temporarily reinstated key portions of the Trump administration’s tariff strategy, just one day after a trade court ruling threatened to derail it. ...more

Jackson Lewis P.C.

Humanitarian Parole Uncertainty: SCOTUS Halts CHNV Program, While Lower Court Orders Continued for Processing for CHNV, Afghans,...

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The U.S. Supreme Court has lifted an April 14, 2025, temporary injunction blocking the Department of Homeland Security’s (DHS’s) decision to terminate humanitarian parole for individuals from Cuba, Haiti, Nicaragua, and...more

Patterson Belknap Webb & Tyler LLP

The Divestiture Rule Explained: A Judge-Made Doctrine Doesn’t Necessarily Deprive a Lower Court of Ongoing Subject Matter...

The filing of an appeal in federal court generally divests the lower court of jurisdiction. This rule of appellate jurisdiction applies both to appeals from a district court to a court of appeals and from a bankruptcy court...more

Cozen O'Connor

U.S. Court of International Trade Enjoins IEEPA Tariffs, But Federal Circuit Stays the Injunctions

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On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump....more

Brownstein Hyatt Farber Schreck

Court Orders Threaten President Trump’s Tariff Regime

Current State of Play: The United States Court of Appeals for the Federal Circuit consolidated and temporarily stayed the first decision from the U.S. Court of International Trade (USCIT). This temporary stay keeps the...more

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