News & Analysis as of

Biden Administration Supreme Court of the United States Appeals

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Epstein Becker & Green

Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care

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On June 18, 2025, in the case of United States v. Skrmetti, the U.S. Supreme Court upheld Tennessee’s ban on gender-affirming care—concluding that the law does not violate the Equal Protection Clause of the Fourteenth...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

Proskauer - Labor Relations Update

BREAKING: Full D.C. Circuit Restores Status Quo Ante, for a Second Time, at the NLRB

As the firing carousel continues, on April 7, 2025, the full United States District Court of Appeals for the D.C. Circuit vacated the panel’s stay and ordered the reinstatement of National Labor Relations Board (“NLRB” or...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

DarrowEverett LLP

Vibe Check on TikTok: Legal Changes May Force App to Take the L

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The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which...more

Bracewell LLP

An "Immutable" Force Meets an Immovable Object: OFAC's Crypto Loss at the Fifth Circuit

Bracewell LLP on

On November 26, 2024, the US Court of Appeals for the Fifth Circuit ruled that “immutable” smart contracts are not “property” for purposes of regulation by the US Department of the Treasury’s Office of Foreign Assets Control...more

ArentFox Schiff

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

ArentFox Schiff on

Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making? ...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

Mintz on

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

King & Spalding

U.S. Supreme Court Will Not Hear Arguments Over Medicaid Work Requirements

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On April 18, 2022, the Supreme Court tossed two consolidated cases from Arkansas and New Hampshire addressing work requirements for Medicaid coverage that required potential Medicaid beneficiaries to work, attend school, or...more

Mintz

The Supreme Court surprised many observers with this Clean Water Act decision but it may not mean what some observers think it...

Mintz on

Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more

Schwabe, Williamson & Wyatt PC

Oral Argument on Federal Contractor Vaccine Mandate and Potential Impact of Supreme Court ‎Decisions

Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction - Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more

Dorsey & Whitney LLP

The Supreme Court - February 18, 2022

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Biden v. Texas, No. 21-954: This case concerns the Migrant Protection Protocols (MPP) - also known as the “Remain in Mexico” policy - a former policy of the Department of Homeland Security (DHS) under which certain...more

Mintz

Just when you thought the Waters of the United States saga couldn't get any stranger

Mintz on

Lara Beaven of Inside EPA reports on the standoff between the State of Florida and the United States Environmental Protection Agency over the "current definition" of Waters of the United States for the purpose of determining...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

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Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge in Texas Blocks Enforcement of Vaccine Mandate for Federal Workers

On Friday, January 21, 2022, Judge Jeffrey V. Brown of the Southern District of Texas issued a nation-wide injunction, blocking enforcement of President Biden’s Executive Order 14043. Executive Order 14043 requires...more

King & Spalding

Supreme Court to Review Federal COVID-19 Vaccine Mandates in Early January

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Last Wednesday, the U.S. Supreme Court announced it would hear oral arguments on January 7, 2022, regarding the legality of two federal COVID-19 vaccine mandates issued under the Biden administration. The justices will be...more

CDF Labor Law LLP

Supreme Court to Hear Consolidated Appeals on Vaccine Mandates on January 7, 2022

CDF Labor Law LLP on

While the Supreme Court declined to stay the implementation of the Occupational Safety and Health Agency’s vaccine mandate for employers with 100+ employees or to change the status of the rule issued by the Centers for...more

Woods Rogers

COVID-19 Legal Round Up and Looming 2022 Deadlines

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President Biden’s vaccine mandates have faced a roller-coaster ride in the federal court system over the last few weeks, leaving covered employers in the difficult position of trying to comply with on-again, off-again federal...more

Weintraub Tobin

Federal Circuit Set To Have First Vacancy In Six Years

Weintraub Tobin on

On March 16, 2021, U.S. Circuit Judge Evan J. Wallach for the Federal Circuit Court of Appeals announced he plans to take senior status on May 31, 2021. This semi-retirement is set to create the first vacancy at the Federal...more

King & Spalding

U.S. Supreme Court Removes Oral Arguments Over State Medicaid Work Requirements from Calendar

King & Spalding on

On Thursday, March 11, 2021, the U.S. Supreme Court announced that it will no longer hear oral arguments that were set to occur on March 2, 2021, over D.C. Circuit Court of Appeals rulings striking down Medicaid work...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court to Decide Eminent Domain Case

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

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