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Downey Brand LLP

California Supreme Court Overrules Chevron-like Deference For Review of Decisions of California Public Utilities Commission

Downey Brand LLP on

On August 7, 2025, the California Supreme Court issued its decision in Center For Biological Diversity v. California Public Utilities Commission. The decision reversed the decision of a lower appellate court which had...more

Morrison & Foerster LLP

Another Step Change for USDA’s GE Regs: APHIS Ceases NEPA Review of Petitions for Nonregulated Status

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it will no longer conduct environmental analyses under the National Environmental Policy Act (NEPA) when...more

Snell & Wilmer

Freeing Agencies from Conflicting National Environmental Policy Act Regulations

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On July 3, 2025, several federal agencies published Interim Final Rules or Final Rules freeing themselves of legally and statutorily conflicting regulations implementing the National Environmental Policy Act (NEPA) in...more

Kelley Drye & Warren LLP

Another Crack in the Agency Armor – Supreme Court Further Expands Judicial Review of Certain Federal Agency Actions

On June 20, 2025, the Supreme Court issued a 6-3 opinion holding that U.S. district courts are not bound to follow a federal agency’s interpretation of a statute even though the Hobbs Administrative Orders Review Act (“Hobbs...more

Wiley Rein LLP

ATF Removes Restrictions on Imports of Simunition Training Rounds

Wiley Rein LLP on

The Bureau of Alcohol, Tobacco, and Explosives (ATF) has removed restrictions on the importation of non-lethal marking rounds (also known as “training rounds” or “simunition rounds”). The move is expected to remove...more

Knobbe Martens

Results of The Deferred Subject Matter Eligibility Response Pilot Program

Knobbe Martens on

On June 18, 2025, the United States Patent and Trademark Office (USPTO) hosted an informational call to share the results of a study on the Deferred Subject Matter Eligibility (DSMER) Pilot Program, three years after its...more

Eversheds Sutherland (US) LLP

Senators oppose FinCEN’s Interim Final Rule on the Corporate Transparency Act

On May 27, 2025, Senators Sheldon Whitehouse (D-RI) and Charles E. Grassley (R-IA) submitted a comment to US Treasury Secretary Scott Bessent expressing strong opposition to the Financial Crime Enforcement Network’s Interim...more

Winstead PC

Trump Administration Redefines “Harm” Under The Endangered Species Act (ESA)

Winstead PC on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) proposed to rescind their longstanding regulatory definition of “harm”, which has for decades served...more

Sheppard Mullin Richter & Hampton LLP

CFPB Narrows State Enforcement Powers by Rescinding 2022 Interpretative Rule

On May 15, the CFPB rescinded its May 2022 interpretive rule that had expanded state enforcement authority under Section 1042 of the Consumer Financial Protection Act (CFPA). The Bureau now maintains that the previous...more

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

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

ArentFox Schiff

Executive Order on Overcriminalization in Federal Regulations

ArentFox Schiff on

On May 9, President Trump issued a new Executive Order (EO) titled “Fighting Overcriminalization in Federal Regulations” to address criminal enforcement of regulatory offenses, particularly strict liability offenses where the...more

Cranfill Sumner LLP

An Administrative State No Longer: How North Carolina May Reduce Executive Authority

Cranfill Sumner LLP on

The distinctions and relationships between the three branches of government—legislative, judicial, and administrative—are not static, but ever-changing, both at the federal and state levels. The separation of powers required...more

Vedder Price

President Trump Issues Executive Action Directing the Repeal of Unlawful Regulations

Vedder Price on

On April 9, 2025, President Trump issued a presidential memorandum (the order) directing the heads of all Federal agencies to identify unlawful or potentially unlawful regulations that clearly exceed the agency’s statutory...more

Best Best & Krieger LLP

Federal Wildlife Agencies Propose Rescinding Definition of “Harm” Under Endangered Species Act

On April 17, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) proposed a rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). The proposed rule...more

Snell & Wilmer

Agencies to Use Good Cause Exception to Repeal Illegal Regulations

Snell & Wilmer on

Recently, President Donald Trump directed agencies to take steps to immediately repeal illegal regulations under the good cause exception to the notice-and-comment requirement. Because this latest effort could have...more

Greenberg Glusker LLP

Federal Agencies Propose Rule to Rescind the Definition of “Harm” Under the Endangered Species Act:

Greenberg Glusker LLP on

On April 17, 2025, the Departments of Interior and Commerce issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA) which, if finalized, would fundamentally alter a...more

Stoel Rives - Environmental Law Blog

U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under...

On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would...more

Allen Matkins

Federal Agencies Propose Rescission of “Harm” Definition Under Endangered Species Act

Allen Matkins on

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) published a proposed rule in the Federal Register to rescind their respective...more

Foley Hoag LLP - Environmental Law

FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of "Harm" Under the ESA: Is This the "Best Meaning" of the ESA?

Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under the...more

Foley Hoag LLP - Environmental Law

Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...more

Holland & Knight LLP

"Harm" Redefined: "Habitat Modification" Could Be Cut from Endangered Species Act Regulations

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of "harm" under the Endangered Species Act (ESA) that currently includes habitat modification,...more

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

Definition of Harm/Endangered Species Act: United States Fish and Wildlife Service Proposed Rule

The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “Service”) is proposing to rescind the regulatory definition of “harm” in the Endangered Species Act (“ESA”) regulations...more

Troutman Pepper Locke

No Harm, No Foul? Services Propose to Remove Harm Definition from Endangered Species Act Regulations

Troutman Pepper Locke on

On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species...more

Eversheds Sutherland (US) LLP

FWS and NOAA propose to narrow reach of Endangered Species Act

On April 17, 2025, the US Fish and Wildlife Service and the National Oceanic and Atmospheric Administration published a notice of proposed rulemaking to rescind the definition of “harm” under the Endangered Species Act...more

Beveridge & Diamond PC

FWS and NMFS to Rescind ESA “Harm” Definition

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Today, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together, the Services) proposed rescinding the definition of “harm” under the Endangered Species Act (ESA). Harming a listed...more

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