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Regulatory Authority Public Health

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

EPA’s 2024 Asbestos Ban Paused as Fifth Circuit Grants Abeyance for Rule Reconsideration

The U.S. Environmental Protection Agency’s (EPA) 2024 ban on chrysotile asbestos, a landmark regulatory action under the Toxic Substances Control Act (TSCA), is now subject to significant delay following legal challenges and...more

Hogan Lovells

USDA Approves Additional State Waivers to Restrict SNAP Purchases in Arkansas, Idaho, and Utah

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On June 10, the U.S. Department of Agriculture (USDA) approved waiver requests from three additional states – Arkansas, Idaho, and Utah – to exclude certain foods from Supplemental Nutrition Assistance Program (SNAP)...more

Knobbe Martens

U.S. Supreme Court Defers to Agency Decision-Making in FDA’s Denial of Premarket Approval of Flavored E-Cigarette Products

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We previously reported a decision by the U.S. Food and Drug Administration (FDA), denying the premarketing authorization of several flavored e-cigarette product. On April 2, 2025, the Supreme Court of the United States...more

Bennett Jones LLP

Federal Court Orders Review of PMRA Decision Renewing Glyphosate Pesticide

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The Federal Court has ordered the review of another Pest Management Regulatory Agency (PMRA) decision, spotlighting how the regulatory agency handles new scientific evidence in the renewal process for pesticides in Canada....more

Hogan Lovells

State Licensing Spotlight – Prescription Medical Device Manufacturers & Distributors: Enforcement and penalties for operating...

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The regulatory environment for prescription medical device manufacturers and distributors has become increasingly stringent as state-based agencies work to ensure public health and safety. Operating without a required license...more

Jones Day

U.S. Supreme Court Limits EPA Clean Water Act Permitting Authority

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On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state...more

Faegre Drinker Biddle & Reath LLP

HHS Rescission of the Richardson Waiver and Unintended Legal Consequences for Drug and Device Manufacturers

On March 3, 2025, the U.S. Department of Health and Human Services (HHS) published a policy statement rescinding a decades-old administrative exemption for notice-and-comment rulemaking known as the Richardson Waiver. Written...more

Farrell Fritz, P.C.

New York Court of Appeals Upholds Adult Home Admission Regulations

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New York Department of Health (DOH) regulations provide that an adult home may not admit additional residents with serious mental illness if it has a capacity of 80 or more beds and its resident population is over 25% persons...more

Hogan Lovells

French simplifies regulations applicable to health care activity authorizations; health cooperation groups now entitled to hold...

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The long-awaited Valletoux decree regularizes the exclusion of health cooperation groups for the ownership of certain health care activities’ authorizations in France, resulting from the 2022 reform of health care activities....more

BakerHostetler

Federal Court Blocks FDA’s Graphic Cigarette Warning Rule: The Limits of Regulatory Authority

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On Monday, a federal judge from the Eastern District of Texas, Judge J. Campbell Barker, ruled that the U.S. Food and Drug Administration (FDA) exceeded its authority under the Tobacco Control Act by requiring cigarette...more

McDermott Will & Emery

New York Governor Proposes Cost Market Impact Review, Expanded Disclosures for Material Transactions With Healthcare Entities

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On January 21, 2025, New York Governor Kathy Hochul released the FY 2026 New York State Executive Budget, which proposed to impose a “cost market impact review” (CMIR) for certain “material transactions” involving “health...more

BakerHostetler

Supreme Court Hears FDA’s Flavored Vape Case

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On Monday, the Supreme Court heard oral arguments in a pivotal case that examines the Food and Drug Administration’s (FDA) authority to regulate flavored e-cigarettes. At the heart of the debate are the agency’s denials of...more

Troutman Pepper Locke

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Nelson Mullins Riley & Scarborough LLP

First Major Overhaul of Cosmetics Regulation Since FDR Administration

As part of the Consolidated Appropriations Act, 2023, President Biden signed into law the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”). This is the first major reform of cosmetics regulation since the Federal...more

Snell & Wilmer

Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

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The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more

Steptoe & Johnson PLLC

Commission Rules Under Construction: COGCC Mission Change Whitepaper Released

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Many changes are on the horizon, as the Colorado Oil & Gas Conservation Commission’s (“COGCC”) rules are under construction. On November 1st, the COGCC released its Mission Change Whitepaper (“Whitepaper”)...more

Morgan Lewis

In Rare 3-3-3 Decision, Supreme Court Upholds Virginia Ban on Uranium Mining

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The US Supreme Court issued its decision on June 17 in the case of Virginia Uranium, Inc. v. Warren. The Court affirmed the decision of the US Court of Appeals for the Fourth Circuit, which held that the Atomic Energy Act...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Virginia Uranium, Inc. v. Warren

On June 17, 2019, the U.S. Supreme Court decided Virginia Uranium, Inc. v. Warren, concluding that Virginia may ban uranium mining within its borders because the federal Atomic Energy Act (AEA) does not preempt State mining...more

Best Best & Krieger LLP

FCC’s OTARD Rule Proposal: Comment Period Open - Partner Gerry Lederer Discusses New Developments in PublicCEO

The Federal Communications Commission has proposed an expansion of its rules for Over-the-Air Reception Devices in what it says is an effort to spur the deployment of 5G infrastructure. The FCC’s recommended changes have...more

King & Spalding

FDA Regulation of Cannabis

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Agency Notice Touts Authority to Regulate Products Containing Cannabis and Cannabis-derived Compounds - On April 4, 2019, the U.S. Food and Drug Administration (FDA) published a notice in the Federal Register that it...more

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