News & Analysis as of

Statutory Interpretation Enforcement

McGlinchey Stafford

Mclaughlin on Down: District of New Jersey Grants Class Certification on TCPA Fax Claims

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Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more

Blake, Cassels & Graydon LLP

Maybe You’re a Lobbyist After All: Strict New Federal Guidance Released

Major changes to key guidance from Canada’s Lobbying Commissioner will significantly increase the number of companies subject to registration requirements under Canadian lobbying law. The principal net effect of these...more

ArentFox Schiff

Top 3 Supreme Court Environmental and Administrative Trends of 2025

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Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Shakes TCPA Litigation to the Core

On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons...more

Tonkon Torp LLP

U.S. Supreme Court Limits EPA Discretion in Landmark NPDES Permit Decision

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The Supreme Court’s recent decision in City and County of San Francisco v. Environmental Protection Agency, (EPA) 604 U.S. ____ (2025) significantly alters the regulatory landscape for NPDES permits under the Clean Water Act...more

Troutman Amin LLP

A SHARP DISSENT: A Review Of The Dissent’s Take On The Supreme Court’s Ruling In McLaughlin.

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In McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., No. 23-1226, 2025 WL 1716136 (U.S. June 20, 2025), the Supreme Court determined that the Hobbs Act does not bind district courts in civil enforcement proceedings to...more

Whiteford

Client Alert: Due Process or Due Trouble? Navigating the Legal Maze of Covenant Enforcement in Virginia Community Associations

Whiteford on

Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions....more

FordHarrison

DOL Relaunches Opinion Letter Program Amid Shifting Enforcement Priorities

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On June 2, 2025, the Department of Labor (DOL) launched its Opinion Letter program. Opinion Letters are official written responses from the DOL that explain how it would apply statutes and regulations under particular facts...more

Pullman & Comley - Labor, Employment and...

Federal Court Decision Reshapes ACA Enforcement by HHS and IRS

The recent federal district court decision in Faulk Company, Inc. v. Xavier Becerra, et al., No. 24-cv-00609-P (N.D. Tex. 2025) significantly alters the primary mechanism used by the U.S. Department of Health and Human...more

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

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more

Seyfarth Shaw LLP

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

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On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more

ArentFox Schiff

Executive Order on Overcriminalization in Federal Regulations

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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

Gray Reed

Bankruptcy Court Blocks GLO’s State Lease Termination

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In In re Pearl Resources LLC, a Houston bankruptcy court rejected the Texas General Land Office’s attempt to partially terminate state oil and gas leases in Pecos County, despite finding the operator had breached offset well...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

Morgan Lewis

In Yet Another Decision Restricting EPA Authority, US Supreme Court Holds EPA Cannot Set CWA Permit Limits

Morgan Lewis on

The US Supreme Court held in City and County of San Francisco v. EPA that the US Environmental Protection Agency lacks authority under the Clean Water Act to include “end-result” limitations in National Pollutant Discharge...more

McCarter & English, LLP

Federal Courts Decide on FCA Claims Actions

There are still several unsettled legal issues regarding the standards applicable to a False Claims Act (FCA) claim, such as the standard to prove causation when an FCA claim is based on a violation of the Anti-Kickback...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Proskauer Rose LLP

Eight Enforcement Trends That Likely Will End Under a Trump SEC

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The Voting Record and Public Statements of the Commissioners Provide a Roadmap - There has been much speculation on what SEC enforcement will look like under a new administration, especially now that President-elect Donald...more

ArentFox Schiff

HIPAA Reproductive Privacy Rule Takes Effect Amid Legal and Political Uncertainties

ArentFox Schiff on

As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy...more

McGlinchey Stafford

Trump’s Second Term and its Potential Impact on the Bona Fide Prospective Purchaser (BFPP) Defense Under CERCLA

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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) aims to facilitate cleanup and accountability in hazardous waste sites. The Bona Fide Prospective Purchaser (BFPP) defense was introduced to...more

Flaster Greenberg PC

Chevron Deference Decisions and Its Implications on Businesses

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A win for business. The Supreme Court ends Chevron Deference in a spate of recent decisions limiting administrative authority and assisting regulated parties in challenging agency rulemaking. Loper Bright and Relentless-...more

Akin Gump Strauss Hauer & Feld LLP

The Top 10 Takeaways for Businesses from the Supreme Court’s Three Big Administrative Law Decisions in 2024

Now that the dust has settled following the Supreme Court’s overhaul of administrative law through three late-term decisions, Akin litigators and policy advisors offer the most significant takeaways for businesses and...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

The Volkov Law Group

Supreme Court Continues to Pare Back Criminal Laws

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In a pair of rulings issued near the end of the last Term, Fischer v. United States and Snyder v. United States, the Supreme Court continued to cut back on the Justice Department’s interpretation and enforcement of criminal...more

Mintz - Health Care Viewpoints

Five Observations from FDA’s Responses to Comments in the Final Rule on LDTs

Now that the final rule on laboratory developed tests (LDTs) has been available for over a month and the stages of the enforcement discretion phaseout process and the Food and Drug Administration’s (FDA’s) newly proposed...more

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