Public Policy

  • July 09, 2025

    7th Circ. Nixes Rail Sharing Order Power For Subpar Service

    Federal regulators can't give themselves power to order rail carriers to share shipments with their rivals unless the incumbent railroad's service is "inadequate," a Seventh Circuit panel said in striking a Surface Transportation Board rule designed to empower such mandates when service merely fails certain reliability metrics.

  • July 09, 2025

    EPA Sued Over Oil Refineries' Hydrogen Fluoride Use

    A group of environmental advocates has hauled the U.S. Environmental Protection Agency into California federal court to stop the use of hydrogen fluoride in domestic oil manufacturing refineries, arguing it's endangering the public and the Toxic Substances Control Act requires that the agency eliminate those risks through regulations.

  • July 09, 2025

    DOJ Atty Floats Axing Removal Law As Only Fix For Adversaries

    A U.S. Department of Justice attorney suggested that killing the expedited removal statute, which enables the swift expulsion of unauthorized immigrants, is the only hypothetical relief that a court can offer a group challenging President Donald Trump's expansion of the law.

  • July 09, 2025

    LA County, Cities Want In On Immigration Enforcement Suit

    Los Angeles County and several of its cities have urged a California federal court to let them join a proposed class action that seeks to stop the Trump administration from continuing what officials say are unconstitutional immigration raids in their communities.

  • July 09, 2025

    Water Co. Can't Charge Customers $42M, Conn. Justices Say

    State regulators lawfully rejected Eversource subsidiary Aquarion Water Co. of Connecticut's 2022 request to increase rates by $42 million to pay for plant additions, but they wrongly scuttled the utility's $1.5 million bid to recover conservation expenses, the Connecticut Supreme Court ruled Wednesday.

  • July 09, 2025

    Suit Challenges Colo. Abortion Parental Notice Law

    An OB-GYN asked a Colorado state judge on Tuesday to block the state's requirement for minors seeking an abortion to give notice to a parent, saying it runs afoul of a 2024 amendment to the Colorado Constitution.

  • July 09, 2025

    DOJ Says Calif.'s Trans Student Athlete Policies Violate Title IX

    The U.S. Department of Justice on Wednesday accused the California Department of Education of illegally discriminating against cisgender female student athletes by allowing transgender girls to compete on girls' high school sports teams.

  • July 09, 2025

    Red States Want In On Youths' Suit Over Trump Energy Orders

    A coalition of Republican states led by Montana asked a federal court Tuesday for permission to intervene in a lawsuit brought by youths challenging President Donald Trump's recently enacted fossil fuel policies.

  • July 09, 2025

    Plan Administrator Seeks To Toss Union's Pension Error Suit

    A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.

  • July 09, 2025

    7th Circ. Revives Deputy's Retaliation Suit Over Election Feud

    The Seventh Circuit reinstated a sheriff's deputy's retaliation suit claiming he wasn't promoted because he criticized his boss while attempting to unseat him as sheriff, ruling the lower court failed to credit evidence that the sheriff admitted sabotaging the deputy's career when finding the case was untimely.

  • July 09, 2025

    Supreme Court Denies Fla. Bid To Enforce Immigration Law

    The U.S. Supreme Court on Wednesday denied Florida's request to lift a block on a state law that criminalizes the entry of unauthorized immigrants into the state, leaving in place a ruling that the law is likely preempted by the federal Immigration and Nationality Act.

  • July 09, 2025

    NY School District Faces Civil Rights Probe Over Mascot Ban

    The U.S. Department of Education said it's investigating a Long Island, New York, school district for civil rights violations for working to remove its Native American mascot and imagery under a state law banning the symbols.

  • July 09, 2025

    DHS Used Pro-Israel Sites To Target Activists, Official Testifies

    A mid-level U.S. Department of Homeland Security official told a Massachusetts federal court on Wednesday that the agency relied in part on pro-Israel websites that post dossiers on individuals deemed to support Palestine to identify potential targets for visa and green card revocations.

  • July 09, 2025

    1st Woman On Montana's US Court To Take Senior Status

    U.S. District Judge Susan P. Watters of the District of Montana, who was the first woman appointed to that court, has announced that she will take semiretired status next year.

  • July 09, 2025

    DA Willis Urges Ga. Justices To Ax Trump Case Testimony Bid

    Fulton County District Attorney Fani Willis urged the Georgia Supreme Court on Tuesday to toss a subpoena seeking her testimony from the state Senate committee that was investigating her relationship with a special prosecutor during her prosecution of President Donald Trump in an election interference case, arguing the panel is "seeking to 'try' the district attorney in public."

  • July 09, 2025

    Businesses, States Tell Fed. Circ. Trump's Tariffs Are Unlawful

    The U.S. Court of International Trade correctly determined President Donald Trump's emergency tariffs were improperly imposed under a law that makes no mention of the trade mechanism, a group of states and small businesses told the Federal Circuit, arguing that the duties should be limited under another law.

  • July 09, 2025

    3M PFAS Suit Belongs In State Court, Conn. Tells 2nd Circ.

    Connecticut is urging the Second Circuit to reject 3M Co.'s effort to move a state court lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products to federal court.

  • July 09, 2025

    FDA Gets Early Win In Blue States' Abortion Pill Suit

    A Washington federal judge has granted an early win to the federal government in a lawsuit from 17 Democratic attorneys general challenging the U.S. Food and Drug Administration's restrictions on access to the abortion drug mifepristone, finding the agency has properly reviewed the drug when issuing regulations.

  • July 09, 2025

    5 Years Ago, The McGirt Ruling Reshaped Tribal Jurisdiction

    It was widely held for decades that Oklahoma had domain over criminal matters on tribal lands, but five years ago, the U.S. Supreme Court turned that regime on its head, finding 19th century federal treaties with the Creek Nation that formed its reservation are valid — and, in turn, reestablishing 45% of the Sooner State as Indian Country.

  • July 09, 2025

    T-Mobile Tanks DEI Policies To Meet FCC Chair's Goal

    T-Mobile says it will shut down diversity, equity and inclusion programs to align with goals of the Federal Communications Commission's chair as the carrier seeks regulatory approval of two major wireless and fiber deals.

  • July 09, 2025

    Former SEC Officials Discuss Agency's New Priorities

    Though swift regulatory and enforcement changes at the U.S. Securities and Exchange Commission have created a more business-friendly environment, three agency veterans now at Gibson Dunn & Crutcher LLP caution to watch out for compliance landmines.

  • July 09, 2025

    Mich. Judge Tosses Challenge To State Medicaid Abortion Ban

    A Michigan judge has dismissed a challenge to the state's ban on Medicaid coverage for abortions, finding a nonprofit organization that offers financial assistance to women seeking abortions lacked standing.

  • July 09, 2025

    Antitrust Enforcers Beat Google, Try Meta And Keep Going

    When U.S. District Judge Leonie M. Brinkema held on April 17 that Google was liable for illegally monopolizing two out of three advertising placement technology markets targeted by the U.S. Department of Justice, her ruling contributed to potentially one of the most consequential convergences of antitrust enforcement in recent memory.

  • July 09, 2025

    Fla. DJ Challenges FCC's $2.4M Pirate Radio Fine

    A Miami-area DJ is challenging a nearly $2.4 million Federal Communications Commission penalty for running an unauthorized radio station, arguing a recent U.S. Supreme Court decision renders the commission's forfeiture process unconstitutional.

  • July 09, 2025

    Former FCC Republican Opposes Next-Gen TV Mandate

    The feds shouldn't push a next-generation TV mandate on electronics makers and related industries at the behest of broadcasters eager to move to the new standard, says a Republican former member of the Federal Communications Commission.

Expert Analysis

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

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    The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

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    In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

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    Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

  • Despite Dark Clouds, Outlook For US Solar Has Bright Spots

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    While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.

  • Assessing New Changes To Texas Officer Exculpation Law

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    Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • Rising Enforcement Stakes For Pharma Telehealth Platforms

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    Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • One Year On, Davidson Holds Lessons On 'Health Halo' Claims

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    A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.

  • Justices' NRC Ruling Raises New Regulatory Questions

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    In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

  • Navigating Antitrust Risks When Responding To Tariffs

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    Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.

  • Breaking Down Part 3 Of The Copyright Office's AI Report

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    On May 9, the U.S. Copyright Office published a prepublication version of the third and final part of its three-part report on artificial intelligence, offering key insights on the unauthorized use of copyrighted material by AI systems, says Courtney Sarnow at CM Law.

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