Join attorneys in our appellate, energy regulatory, environmental, tax, securities, and employment practices who will explore how these landmark rulings affect administrative law and practice and what comes next....more
7/10/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Continuing Legal Education ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Penalties ,
SCOTUS ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation ,
Webinars
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
In a key development relating to the Corporate Transparency Act (the “CTA”), on March 1, 2024, U.S. District Judge Liles C. Burke of the Northern District of Alabama issued a memorandum opinion and final judgment ruling the...more
On November 29, 2023, the Supreme Court heard oral argument in a critically important administrative law case, Securities and Exchange Commission v. Jarkesy, No. 22-859. This case carries enormous potential consequences for...more
12/1/2023
/ Administrative Law Judge (ALJ) ,
Article II ,
CFTC ,
Civil Monetary Penalty ,
FERC ,
Jury Trial ,
Oral Argument ,
SCOTUS ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment
On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more
9/7/2023
/ Administrative Procedure Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Land Developers ,
Rapanos v US ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more
On May 25, 2023, the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying and narrowing the reach of federal jurisdiction under the Clean Water Act (“CWA”). For decades, confusion has persisted...more
5/30/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more
The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more
1/11/2023
/ Clean Water Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Federal Register ,
Joe Biden ,
New Rules ,
Preemptive Challenges ,
Rapanos v US ,
Sackett ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On February 18, 2022, the Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote related to the construction of natural gas facilities....more
The Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote on February 18, 2022 regarding the construction of natural gas facilities. The policy statements make numerous changes to...more
Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is...more
Each new presidential administration brings with it its own set of policy goals and priorities. While the text of U.S. environmental law does not change without an act of Congress, agencies within the executive branch have a...more
News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more
1/20/2021
/ Administrative Procedure Act ,
Biden Administration ,
Clean Water Act ,
Congressional Review Act ,
Endangered Species Act (ESA) ,
Environmental Policies ,
FERC ,
Greenhouse Gas Emissions ,
Methane ,
Nationwide Permits (NWPs) ,
Natural Gas Act ,
NEPA ,
Pipelines ,
Trump Administration ,
Waters of the United States
On January 5, 2021, the U.S. Army Corps of Engineers (“Army Corps”) released a pre-publication version of its final rule reissuing and modifying a subset of its suite of nationwide permits (“NWPs”), including those used for...more
Members of V&E’s National Security & International Trade practice discuss recent trade and investment developments and what to expect in the new Administration....more
1/7/2021
/ Biden Administration ,
CFIUS ,
Continuing Legal Education ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Investment ,
National Security ,
Trade Policy ,
Trade Relations ,
Webinars
President-Elect Joe Biden has promised to change course, including on a number of the Trump Administration’s signature (de)regulatory and executive actions — from energy and the environment to public health, immigration, and...more
The Committee on Foreign Investment in the United States (“CFIUS”) had a busy week last week. The Department of the Treasury, which chairs CFIUS, released its Annual Report for 2018 and additional statistics for 2019 that...more
On April 27, 2020, the Department of the Treasury issued an interim rule establishing a filing fee for certain transactions filed with the Committee on Foreign Investment in the United States (“CFIUS”). The fees only apply to...more
The past week brought two important developments in connection with the Committee on Foreign Investment in the United States (“CFIUS”). First, the U.S. Department of the Treasury, which chairs CFIUS, released a long-awaited...more
New rules governing the review of transactions by the Committee on Foreign Investment in the United States (“CFIUS”) take effect today.
CFIUS, an inter-agency panel of the U.S. government, reviews foreign investment for...more