Public Policy

  • August 06, 2025

    Battle Lines Form Around Interior's Updated NEPA Rule

    The U.S. Department of the Interior is facing stiff resistance from green groups and blue states that oppose its new environmental review process for infrastructure projects, but some industry groups said the agency has taken the right approach.

  • August 06, 2025

    Colo. Justices Asked To Rule On Pro Se Appeal Authority

    A plumbing company and two Colorado homeowners asked the state's Supreme Court on Tuesday to clarify that the Colorado Court of Appeals has jurisdiction to prevent litigants from making "frivolous" pro se filings, contrary to a prior ruling from the court.

  • August 06, 2025

    Texas Developers' Antitrust Claims Don't Hold Up, Judge Says

    A Texas federal judge on Wednesday recommended dismissal of antitrust claims brought by real estate companies that claimed the city of Mansfield illegally blocked their access to water utilities, finding the city was taking action within its purview.

  • August 06, 2025

    Judge Questions USDA's Climate Grant Cuts

    A D.C. federal judge grilled an attorney for the federal government over why the U.S. Department of Agriculture's climate-focused grants for farmers and food nonprofits were rescinded en masse when they seemingly aligned with the program, but also told recipients that she won't be "rearranging" the agency's priorities.

  • August 06, 2025

    FAR Council Issues Final Rule On SAM Registration

    The Federal Acquisition Regulatory Council issued a final rule on Wednesday clarifying that contractors don't need to be continuously registered in a federal database between bidding and contract award.

  • August 06, 2025

    US Asks High Court To Decide If Drug Users Can Have Guns

    The Trump administration has asked the U.S. Supreme Court to resolve "a four-way circuit conflict" over whether it is legal to prevent users of drugs including marijuana, which has been legalized in some fashion in the vast majority of states, from possessing firearms.

  • August 06, 2025

    9th Circ. Backs SEC's No-Denials Settlements Rule

    The Ninth Circuit on Wednesday rejected a First Amendment challenge to a decades-old U.S. Securities and Exchange Commission rule that restricts defendants who settle securities law charges from denying the claims against them, saying the law has "long regarded the voluntary relinquishment of constitutional rights as permissible" with safeguards.

  • August 06, 2025

    NY US Atty Faces Watchdog's Ethics Suit After Altercation

    Legal ethics watchdog Campaign for Accountability on Wednesday called for an ethics probe of acting U.S. Attorney John Sarcone III of the Northern District of New York, alleging that he made a number of deceptive claims arising from a June altercation.

  • August 06, 2025

    Family Says Court Must Face Bias Suit Over Witness Killing

    The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.

  • August 06, 2025

    Ark. Prisoners Challenge Nitrogen Gas Execution Law

    Ten Arkansas death row inmates have challenged a new law authorizing their execution by nitrogen gas, arguing the law is unconstitutional because it violates the state's separation of powers doctrine, an attorney confirmed to Law360.

  • August 06, 2025

    Interior Dept. Reverses Approval Of Idaho Wind Farm

    The U.S. Department of the Interior on Wednesday said it would reverse a Biden-era approval of a controversial wind farm in Idaho, the latest move by the Trump administration to restrict U.S. wind energy development.

  • August 06, 2025

    Pa. House Bill Seeks To Legalize, Tax Adult-Use Cannabis

    Pennsylvania would legalize adult-use cannabis and impose a tax on its sale and cultivation under a bill introduced in the state House of Representatives.

  • August 06, 2025

    Trump Hits India With 50% Tariff For Russian Oil Purchases

    President Donald Trump announced Wednesday that he would increase India's tariff rate to 50% by late August, citing the country's imports of Russian oil.

  • August 06, 2025

    DOJ, Google Get OK For 2-Week Ad Tech Remedies Trial

    When Google faces off against the U.S. Department of Justice at trial next month to determine what remedy the tech behemoth should provide for illegally maintaining a monopoly over advertising technology services, they'll each get five or six court days to make their case.

  • August 06, 2025

    FTC Challenges $945M Heart Valve Deal

    The Federal Trade Commission filed suit Wednesday against Edwards Lifesciences Corp. over the company's proposed $945 million purchase of JenaValve Technology Inc., arguing the deal would give Edwards control over both of the only firms with ongoing U.S. clinical trials developing an important heart valve replacement device.

  • August 06, 2025

    Starmer Declines To Rule Out Tax Hikes In UK Budget

    U.K. Prime Minister Keir Starmer declined to rule out tax hikes in the autumn budget after a think tank claimed Wednesday that the government will need to raise more tax revenue to meet its fiscal rules and prevent a deficit of £41.2 billion ($55 billion).

  • August 06, 2025

    G7's Tax Carveout For US Cos. Raises EU State Aid Questions

    The Group of Seven nations' deal to exclude U.S. companies from Pillar Two minimum tax rules would give those companies a competitive advantage, experts say, prompting questions about the carveout's compatibility with EU state aid rules and whether a viable path exists to challenge the deal.

  • August 06, 2025

    Conn. Schools Seek Pause In Trans Athlete Case Amid Review

    A Connecticut athletic association and five local school boards have asked a federal judge to stay discovery and summary judgment deadlines in a lawsuit challenging their transgender inclusion policy until the U.S. Supreme Court issues an opinion on the issue.

  • August 06, 2025

    Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit

    The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.

  • August 06, 2025

    Honduran Woman 'Cruelly' Separated From Family Wins Relief

    A Manhattan federal judge on Wednesday extended an order preventing the Trump administration from removing a Honduran woman who was "abruptly and cruelly" arrested during a check-in with New York City immigration officials and moved to a Texas detention center.

  • August 06, 2025

    Feds Agree To Restore Georgetown Academic's Visa Record

    A Virginia federal judge approved a settlement resolving one aspect of Georgetown academic Badar Khan Suri's fight against the Trump administration's attempt to deport him on foreign policy grounds after the government said it restored his electronic visa record.

  • August 06, 2025

    LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit

    Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.

  • August 05, 2025

    Wash. Judge Questions Injunctions' Scope In Head Start Case

    A Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives.

  • August 05, 2025

    Tornado Cash Jury Still Out, SEC Leader Backs Privacy Tech

    Jury deliberations in the money laundering and sanctions trial of Tornado Cash co-founder Roman Storm continued Tuesday with no verdict, one day after a top securities regulator championed the legitimacy of privacy-protecting technologies, much like defense claims about the cryptocurrency tumbler.

  • August 05, 2025

    Student Says Emory Suspended Her For Palestinian Support

    A Muslim, Palestinian American student is suing Emory University, its board of trustees and a leader at its medical school in Georgia federal court, alleging her rights were violated when she was suspended after supporting "Palestinian human rights and criticizing discriminatory treatment" at the university.

Expert Analysis

  • Tips For Cos. From California Climate Reporting FAQ

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    New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

  • DOJ Crypto Enforcement Is Shifting To Target Willfulness

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    Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.

  • Legal Considerations Around Ibogaine As Addiction Therapy

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    Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.

  • Unpacking DOJ's Suit Against Maryland Federal Bench

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    Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.

  • What Calif. Insurance Ruling Means For Smoke Damage Limits

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    As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.

  • Wash. Law Highlights Debate Over Unemployment For Strikers

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    A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.

  • Why SEC Abandoned Microcap Convertible Debt Crackdown

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    The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.

  • Justices' Resentencing Ruling Fortifies First Step Act Tools

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    The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • A Rapidly Evolving Landscape For Noncompetes In Healthcare

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    A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.

  • New PTAB Denial Processes Grow More And More Confusing

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    Guidance from the U.S. Patent and Trademark Office about the Patent Trial and Appeal Board's new workload management and discretionary denial processes has been murky and inconsistent, and has been further muddled by the acting director's seemingly contradictory decisions, say attorneys at Finnegan.

  • Arguing The 8th Amendment For Reduction In FCA Penalties

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    While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.

  • GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins

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    Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.

  • EU Space Act Could Stifle US Commercial Operators

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    The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.

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