News & Analysis as of

State and Local Government Trump Administration Biden Administration

Epstein Becker & Green

CMS’s Rescission of 2022 EMTALA Guidance Presents New Considerations for Hospitals, Post-Dobbs

Epstein Becker & Green on

The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022...more

Davis Wright Tremaine LLP

California Attempts To Catch a "Waive": State Leads 10 Others Suing Trump Administration Over Revocation of Vehicle Emission...

On June 12, President Trump signed three joint resolutions passed by Congress, ostensibly under the authority of the Congressional Review Act ("CRA"), to revoke three Clean Air Act waivers the Environmental Protection Agency...more

Beveridge & Diamond PC

Environmental Justice Enters a New Era

Beveridge & Diamond PC on

Key Takeaways - While the Trump administration has taken action to eliminate environmental justice (EJ) programs at the federal level, state programs with EJ laws and policies remain in place and apply to regulated...more

Cozen O'Connor

Pennsylvania Perspective for Thursday, June 5, 2025

Cozen O'Connor on

GOP Lawmakers, Urging Fiscal Restraint, Push for $47.9B Budget - At a conference hosted by Pennsylvanian Republican legislators and Americans for Prosperity Pennsylvania, the GOP hardliners accused Governor Josh Shapiro (D)...more

Brownstein Hyatt Farber Schreck

Senate Votes to Reject California’s Ban of Gas-Powered Cars

On May 22, the Senate approved three House-backed Congressional Review Act (CRA) resolutions that overturned Environmental Protection Agency (EPA) waivers, which had effectively imposed a de facto ban on gas-powered cars in...more

K&L Gates LLP

Environmental Justice Update

K&L Gates LLP on

Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — May 2025

Federal Regulation On April 8, 2025, President Trump issued an executive order that sought to target actions undertaken by individual US states to combat climate change, for the stated purpose of ensuring “American energy...more

Mintz

Eighth Circuit Holds SEC Climate Rule Litigation in Abeyance

Mintz on

On April 24, 2025, the Eighth Circuit ordered that the litigation over the validity of the SEC's climate disclosure rule be “held in abeyance.” This order was in response to a submission by a coalition of blue states that...more

Jenner & Block

Our Power, Our Planet

Jenner & Block on

An Update on the Legal Landscape Surrounding Plastic Pollution - It’s hard to reflect on “Our Power, Our Planet” this Earth Day without discussing plastic. Plastic is deeply embedded in our daily lives. Consider, for...more

Jenner & Block

US Fintech Landscape for 2025

Jenner & Block on

With the change of presidential administrations in January, there has been a significant shift in the landscape for financial technology companies in the United States for 2025 and beyond. First, the new administration...more

Wiley Rein LLP

New DOJ Task Force Seeks Input on State and Federal Laws that Impede Competition and Innovation

Wiley Rein LLP on

On March 27, 2025, the U.S. Department of Justice’s (DOJ) Antitrust Division announced the formation of a Task Force on anticompetitive regulations “to advocate for the elimination of anticompetitive state and federal laws...more

Foley Hoag LLP - Energy & Climate Counsel

EV Roundup - March 2025

The electric vehicle (EV) industry is facing a mix of challenges and opportunities as the Trump Administration’s recent policies and tariff announcements take effect in the market. In its first three months, the Trump...more

Vinson & Elkins LLP

Outlook on the New Administration: What’s Next for CCS Permitting?

Vinson & Elkins LLP on

Despite the Biden administration’s public support for carbon capture and sequestration (“CCS”), we saw neither faster CCS permit approvals from the U.S. Environmental Protection Agency (“EPA”) nor a significant push towards...more

MG+M The Law Firm

The Withdrawal of PFAS Effluent Limits: Implications for Federal Environmental Regulation and Biosolids Management

MG+M The Law Firm on

The regulation of per- and polyfluoroalkyl substances (PFAS) remains a critical issue in US environmental policy, with significant implications for water quality, biosolids management and state-level regulatory authority. On...more

DLA Piper

White House AI Executive Order Sets its Sights on Free-Market Innovation - Increased state-level regulation potentially on the...

DLA Piper on

On January 23, 2025, President Donald Trump signed the Executive Order (EO) Removing Barriers to American Leadership in Artificial Intelligence. The artificial intelligence (AI)- focused EO is anticipated by the White House...more

(ACOEL) | American College of Environmental...

Teaching Environmental Law in Tumultuous Times

Happy new year, ACOEL colleagues and friends! Following (nearly) four years in the Biden Administration serving as Associate Administrator for Policy at EPA, I am happy to be back in my teaching role at Georgetown University...more

Skadden, Arps, Slate, Meagher & Flom LLP

Some States Prepare for the Expected Rollback of Biden Environmental Regulations

President-elect Trump has said he would reverse his predecessor’s climate policies, withdrawing from the Paris Agreement on greenhouse gas emissions and rescinding some EPA emissions rules....more

Flaster Greenberg PC

New York and New England Play Russian Roulette with their Energy Supply

Flaster Greenberg PC on

In the early hours of Monday, January 6, 2025, a severe winter storm fell on much of the MidAtlantic region and extended into New England. Forecasters predicted that this would only be the first in a series of significant...more

Latham & Watkins LLP

The Tides Are Changing (Again) for US “Fair Access” and “Anti-Debanking” Laws

Latham & Watkins LLP on

“Fair access” banking laws, at the epicenter of the debates between ESG and “anti-woke” regulation and federal/state preemption, may see a resurgence under the incoming administration. In recent years, the landscape of...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Post-Election Considerations for Inaugurations, Transitions, Special Elections and Personnel Entering or Leaving Government

Now that the 2024 election has passed, individuals and organizations must be mindful of special legal issues that arise from contributions made to, and expenses incurred for, federal, state or local inaugural or transition...more

Morgan Lewis

The Pendulum Swings: Role of State Attorneys General to Increase as Federal Control Changes

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With the election of Donald Trump as president, we anticipate increased activism by Democratic state attorneys general in the form of legal challenges to his administration and the exercise of independent state authority in...more

Foley Hoag LLP - Medicaid and the Law

Georgia Files Suit Against CMS for “Regulatory Bait and Switch” Over its Expansion Population

On January 22, 2022, Georgia and the Georgia Department of Community Health filed suit against the Centers for Medicare & Medicaid Services (CMS) seeking to prevent the rescission of the central aspects of Georgia’s 1115...more

Sheppard Mullin Richter & Hampton LLP

U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule

On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an...more

Sheppard Mullin Richter & Hampton LLP

What the Expiration of COVID-19 Paid Leave Laws Means for California Employers

For much of the ongoing COVID-19 pandemic, many California employees have utilized leave entitlements through federal, state, and local paid sick leave statutes and ordinances. As of December 31, 2020, however, the federal...more

Foley Hoag LLP - Environmental Law

Massachusetts Starts 2021 With a Bang on Climate

Over the past four years, while the Trump Administration did everything possible to ignore climate change, optimists continued to find progress at the state level. And while President-elect Biden has put together an A-team on...more

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