12 Days of Regulatory Insights: Day 3 - State AG Oversight in the Health Care Industry — Regulatory Oversight Podcast
#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®
What Is the Major Questions Doctrine? A Discussion With Ohio Solicitor General Ben Flowers - Regulatory Oversight Podcast
Podcast: Chevron Deference: Is It Time for Change? - Diagnosing Health Care
Breaking Down the Latest Decision in the Purdue Pharma Case
In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more
The Supreme Court of the United States issued one decision today: City and County of San Francisco v. EPA, No. 23-753: This case concerns the interpretation of the federal Clean Water Act (“CWA”) and its National...more
This past term, the United States Supreme Court overruled Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) in companion cases Relentless, Inc. v. Dep’t of Commerce (No. 22-1219) and Loper...more
A group of 24 Republican AGs have filed a brief challenging the EPA’s Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3 final rule (Final Rule), which sets standards to reduce greenhouse gas emissions from...more
During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. This case marks the court’s first look at the Clean Water Act following...more
The 18th annual edition of the “NRD State Guide” has now been published . For nearly two decades, this Guide has provided companies, private practitioners, government officials, and researchers with a comprehensive overview...more
On October 7, 2024, two groups of plaintiffs challenged the United States Environmental Protection Agency’s (EPA) April 26, 2024, rule that established Maximum Contaminant Levels (MCLs) for certain per-and polyfluoroalkyl...more
Sometimes, a blog just has to be written. For those of us of a certain age, Sterling Hayden's speech as Jack D. Ripper in Dr. Strangelove concerning the Communist plot to fluoridate our water is iconic. Well, it turns out...more
The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more
The overturning of the “Chevron Doctrine” is already making waves. The US Air Force is refusing to comply with an EPA clean-up order, claiming federal regulators lack authority. In brief, here is the timeline of events: •...more
The Supreme Court’s recent term is likely to be remembered as one that significantly affected the long-standing roles and responsibilities of federal agencies, including the deference afforded to their interpretations of...more
Nebraska Attorney General (AG) Mike Hilgers is leading multi-state coalitions in two lawsuits aimed at challenging the Biden Administration and the State of California’s electric vehicle mandates on truck owners and operators...more
Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”. The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”....more
Recently I read a news release that the U.S. Eighth Circuit Court of Appeals had issued a mandamus order against the U.S. EPA. Mandamus order? My mind went back to law school and Marbury v. Madison, which may have been the...more
The United States Environmental Protection Agency (“EPA”) on January 6th issued a pre-publication Advance Notice of Proposed Rule (“ANPR”) addressing the Clean Air Act Heavy-Duty Engine Standards. The ANPR also describes...more
Stuart Spencer undertook a February 4th presentation to my University of Arkansas at Little Rock School of Law Environmental Law class titled: Arkansas Department of Environmental Quality Overview and Air Quality Update...more
The US Supreme Court may be poised to review two 2018 decisions in the Fourth and Ninth Circuits, both of which applied the so-called ‘hydrological connection” theory to extend jurisdiction of the Clean Water Act (“CWA”) to...more