News & Analysis as of

Trump Administration Statutory Interpretation Government Agencies

Troutman Pepper Locke

D.C. Circuit Court Vacates Preliminary Injunction in NTEU v. CFPB

Troutman Pepper Locke on

On August 15, the U.S. Court of Appeals for the District of Columbia issued a decision in the case of National Treasury Employees Union (NTEU) v. Consumer Financial Protection Bureau (CFPB or Bureau). The appellate court...more

Orrick, Herrington & Sutcliffe LLP

CFPB responds to GAO letter on budget authority

On July 30, the CFPB’s Chief Legal Officer, Mark Paoletta, responded to a June GAO letter which raised several questions about the Bureau’s authority to request or decline funding. In particular, the CFPB focused on GAO’s...more

Nossaman LLP

Federal Court Overturns Fish & Wildlife Service Decision to Delist Gray Wolf in the West

Nossaman LLP on

On August 5, the United States District Court for the District of Montana issued an order overturning a determination made by the U.S. Fish and Wildlife Service (Service) during the Biden Administration that listing the gray...more

Husch Blackwell LLP

Supreme Court Allows Trump Administration to Fire Democratic CPSC Commissioners, For Now

Husch Blackwell LLP on

On July 23, 2025, the U.S. Supreme Court, in a 6-3 vote, granted the Trump Administration’s request to stay a permanent injunction that had ordered the reinstatement of three Democratic CPSC Commissioners: Mary Boyle,...more

Franczek P.C.

Nationwide Injunctions After Trump v. Casa

Franczek P.C. on

In Trump v. Casa, the Supreme Court addressed three emergency applications challenging the use of universal injunctions that bar enforcement of federal action across the country. The case concerned the entry of a temporary...more

ArentFox Schiff

Maryland Court Rules EPA’s Termination of Environmental Justice Grants Violates APA

ArentFox Schiff on

Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits....more

Morgan Lewis - Up & Atom

Leadership at the NRC Hanson Dismissed Wright Nominated for Reappointment

The NRC is undergoing a period of transition, including the unexpected departure of Commissioner Christopher Hanson. Commissioner Christopher Hanson Dismissed On June 14, 2025, Commissioner Christopher Hanson was relieved...more

Husch Blackwell LLP

Court Orders Reinstatement of CPSC Commissioners After Unlawful Firing by the Trump Administration

Husch Blackwell LLP on

On Friday, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland ruled that the removal of Democratic Commissioners from the Consumer Product Safety Commission (“CPSC”) without cause was unlawful....more

Brownstein Hyatt Farber Schreck

Most-Favored-Nation Drug Pricing in the U.S.

On May 12, President Trump issued an Executive Order (EO) on drug pricing: “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients.” The EO requires a 30-day government negotiation with drug companies...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

Farella Braun + Martel LLP

Trump’s Copyright Purge Leaves Creators in Legal Limbo

A political shake-up at the U.S. Copyright Office has triggered operational chaos and legal uncertainty, leaving creators and copyright lawyers questioning the validity of recent registrations. Following the Trump...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

Wiley Rein LLP

CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

Wiley Rein LLP on

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

Fox Rothschild LLP

Court Strikes Down Trump's Emergency Tariffs, Immediately Halts Collections

Fox Rothschild LLP on

In a sweeping decision released May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated a broad set of tariffs imposed by President Trump earlier this year under the International...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum

On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The...more

Morrison & Foerster LLP

Ousted CPSC Democrats Fight Back Against President Trump

The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...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

Latham & Watkins LLP

Federal Agencies Take Steps to Narrow Application of Endangered Species Act and Migratory Bird Treaty Act

Latham & Watkins LLP on

The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...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

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

Beveridge & Diamond PC

FWS and NMFS to Rescind ESA “Harm” Definition

Beveridge & Diamond PC on

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

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

Troutman Pepper Locke on

On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Epstein Becker & Green

Update: The NLRB Has Lost Its Quorum – DC Circuit Stays District Court’s Reinstatement of Board Member Gwynne Wilcox – and a New...

Epstein Becker & Green on

On March 28, 2025, a divided three-judge panel of the United States Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board...more

Lathrop GPM

Executive Orders, Actions, Agency Regulations, and Congressional Legislation - How They Differ and Why It Matters

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President Trump issued more than 70 Executive Orders in the first 30 days of his new administration – nearly twice the amount his closest competitor (President Biden) issued in his first 100 days. These Executive Orders have...more

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