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Regulatory Authority › Constitutional Challenges › Rulemaking Process

Wenning Environmental

Rescinding U.S. Roadless Rule Reignites Centuries-old Debate About State Rights And Environmental Protections On Public Lands

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U.S. Department of Agriculture (USDA) Secretary Brooke Rollins’ announcement at a Western Governors Association meeting in June 2025 to rescind the 2001 Roadless Area Conservation Rule, commonly known as the Roadless Rule, is...more

Epstein Becker & Green

A Final Rule Bites the Dust, Part II: FDA Gives up on Regulating LDTs as Medical Devices

Epstein Becker & Green on

As the song goes, the Food and Drug Administration’s (“FDA’s”) 2024 Final Rule regulating laboratory-developed tests (“LDTs”) as medical devices (“Final Rule”), is not merely dead—it’s really most sincerely dead....more

Mintz - Health Care Viewpoints

Deregulatory Push by Trump Administration Picks Up Speed

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It’s no secret that President Trump, his Cabinet, and other executive branch leaders are prioritizing deregulatory activities over more historical federal governance approaches. Indeed, one of President Trump’s earliest...more

Allen Matkins

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on

On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

Wiley Rein LLP

Trump Directs Agencies to Quickly Repeal Unlawful Regulations, Without Notice-and-Comment

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On April 9, 2025, President Trump signed a Presidential Memorandum (Memorandum) entitled Directing the Repeal of Unlawful Regulations. The Memorandum – part of a broader “Department of Government Efficiency” Deregulatory...more

Nossaman LLP

Future Uncertain for National Environmental Policy Act Implementation

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Ever since the U.S. Court of Appeals for the D.C. Circuit declared in Marin Audubon that the Council on Environmental Quality (CEQ) had no authority to issue binding National Environmental Policy Act (NEPA) regulations,...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

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Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...more

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