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FDIC Reverses Position on the Constitutionality of In-House Administrative Law Judges

After several Supreme Court decisions and Executive Orders upended many of the norms governing the relationship between governmental agencies and the constitutional branches, a recent decision by the Federal Deposit Insurance...more

Federal Court Blocks DEI Executive Orders Nationwide

Last week, a federal court in Maryland issued a memorandum opinion and a nationwide preliminary injunction preventing enforcement of certain provisions of President Donald Trump’s Executive Orders related to diversity,...more

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

Lawsuit Threatens DEI-Related Executive Orders

As outlined in a recently published Legal Alert, shortly after taking office, President Donald Trump enacted two Executive Orders designed to detect and eliminate diversity, equity, and inclusion (DEI) programs related to...more

What President Trump’s Executive Orders Could Mean for the Disadvantaged Business Enterprise Program

Since taking office, President Donald Trump has enacted two Executive Orders aimed at eliminating diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs from all aspects of...more

Consumer-Protection Federalism: The CFPB’s Latest Guidance

Just days before the inauguration, the Consumer Financial Protection Bureau (the CFPB) issued guidance to states in a report titled, “Strengthening State-Level Consumer Protections: Promoting Consumer Protection Federalism.”...more

FTC Imposes Rarely Seen “Gun-Jumping” Penalty to the Tune of $5.6 Million

The Federal Trade Commission (FTC) rang in the new year this week by announcing that three crude oil producers had agreed to pay a $5.6 million fine to settle claims that they engaged in unlawful “gun-jumping” by prematurely...more

Crude Oil & Agency Review: SCOTUS Weighs NEPA Environmental Studies Requirements

2024 was a year defined by change in the world of administrative law. With the U.S. Supreme Court’s review of the National Environmental Policy Act (NEPA) in Seven County Infrastructure Coalition v. Eagle County, the nation’s...more

D.C. Circuit Curbs Department of Transportation’s Pipeline Rules, Further Signaling an Everchanging Approach to the Administrative...

Last week, the U.S. Court of Appeals for the District of Columbia Circuit vacated a series of regulations passed by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA). The...more

U.S. Supreme Court Reins in Agency Enforcement Powers

At the end of its most recent term, the U.S. Supreme Court took aim at the Securities and Exchange Commission’s internal enforcement mechanism, heavily curtailing the ability of the SEC to self-enforce violations of our...more

Biden's LNG Export Permit Moratorium: Is It Really in the ''Public's Interest?''

Last week, House and Senate leaders convened to discuss President Biden’s current liquefied natural gas (“LNG”) export permit freeze, which opponents contend will have a significant impact on domestic energy security, jobs,...more

A Constitutional Shakeup in Administrative Law? The Fifth Circuit’s New Decision Revisits the Application of the Nondelegation...

A groundbreaking decision released by the Fifth Circuit on May 18 signals a changing landscape for federal administrative law and the separation of powers. In Jarkesy v. Securities and Exchange Commission, 34 F.4th 446 (5th...more

Sixth Circuit U.S. Court of Appeals Reinstates Vaccine Mandate for Businesses With 100 Employees

On Friday, December 17, 2021, the Sixth Circuit U.S. Court of Appeals lifted the stay on the Occupational Safety and Health Administration’s vaccine mandate (the “OSHA Rule”). The OSHA Rule requires businesses with 100 or...more

White House Extends COVID-19 Vaccine Mandate Deadline for Federal Contractors

On November 4, 2021, the White House extended the deadline for covered federal contractors to comply with the COVID-19 vaccine mandate established by the Safer Federal Workforce Task Force. Now, instead of being in compliance...more

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