News & Analysis as of

Administrative Procedure Act State and Local Government

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

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On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Allen Matkins

Does One State Agency Have The Power To Declare Another State Agency's Regulation To Be Invalid?

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As a former teacher of Administrative Law, I am interested in a recent request to the California Attorney General for an opinion whether the California Office of Tax Appeals has the authority to declare  regulations adopted...more

King & Spalding

The Gathering Storm Over Gas Stoves

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Not a day seems to go by in recent weeks without multiple articles and media hits on controversies over gas stoves. Across the U.S., opponents of gas stoves have implemented a coordinated effort by government regulators,...more

McDermott Will & Emery

New York State Department Intends to Finalize Corporate Tax Regulations This Fall

Almost seven years after it started releasing draft regulations concerning sweeping corporate tax reforms that went into effect back in 2015, the New York State Department of Taxation and Finance (Department) has issued...more

Perkins Coie

Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area Designations

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New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting...more

Sheppard Mullin Richter & Hampton LLP

OCC Prevails in Challenge to “Valid When Made” Rule

On February 8, the U.S. District Court for the Northern District of California ruled against three states – California, Illinois, and New York – challenging the OCC’s rule on the “valid when made” doctrine. In 2020, the OCC...more

Foley Hoag LLP - Energy & Climate Counsel

New York Releases Much Awaited Roadmap for Deploying 10 Gigawatts of Distributed Solar by 2030

Can New York State satisfy nearly 30 percent of its electricity needs with solar projects less than five megawatts in size by the year 2030? In September of this year, Governor Hochul announced a framework to do just that,...more

Bradley Arant Boult Cummings LLP

The Delta-8 Debacle: Looking at Texas’s (Temporarily) Failed Attempt to Make Delta-8 Products Illegal

Texas’s cannabis industry can breathe a momentary sigh of relief. Delta-8 THC, the increasingly popular hemp-derived cannabinoid that produces effects similar to Delta-9 THC, has been removed from Texas’s list of Schedule I...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Clean Water Act/Section 404 Program: Environmental Organizations Judicial Challenge to U.S. Environmental Protection Agency...

Earthjustice and a number of other environmental organizations filed a January 14th Complaint for Declaratory and Injunctive Relief (“Complaint”) challenging the United States Environmental Protection Agency’s (“EPA”)...more

Proskauer - Proskauer For Good

Federal Court Considers Proskauer Amicus Brief on Behalf of 25 Leading Colleges and Universities in Setting Aside Visa...

As we previous reported, on October 30, 2020, Proskauer filed an amicus brief on behalf of 25 leading colleges and universities in support of a preliminary injunction, and, in the alternative, for partial summary judgment...more

Butler Snow LLP

Second Injunction Issued on H-1B Rule Changes as DOL Releases Plan to Address Wage Level Issues

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Another court has issued an injunction against the enforcement of the Trump administration’s H-1B policies that would raise minimum salary requirements for foreign professionals. In a legal challenge from various technology...more

Bass, Berry & Sims PLC

Lawsuit Seeks to Enjoin ICE Rule that Would Rescind Visas for International Students Pursuing Online Only Courses

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Earlier this week, the Massachusetts Institute of Technology (MIT) and the president and fellows of Harvard College (Harvard) filed a lawsuit against the Department of Homeland Security (DHS) and Immigration and Customs...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - July 2020

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Happy 4th!  While we continue to track policy that matters, we would be remiss if we did not wish all of our readers, and of course the Nation itself, a Happy Independence Day. The tradition of Independence Day celebrations...more

Rivkin Radler LLP

Hospital Price Transparency Rule Upheld

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On June 23, the U.S. District Court for the District of Columbia ruled against the American Hospital Association and other associations and individual hospitals that had sued the U.S. Department of Health and Human Services...more

Jones Day

California Attorney General Submits Final Proposed CCPA Regulations to Office of Administrative Law

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The Attorney General requested expedited review by the Office of Administrative Law and asked that the regulations become effective upon filing with the Secretary of State. On June 1, 2020, the Office of the California...more

King & Spalding

HHS Issues Notice of Violation to California for its Universal Abortion Coverage Mandate

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On Friday afternoon, January 24, 2020, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued a Notice of Violation to the state of California demanding that the state stop imposing...more

Carlton Fields

Court Invalidates California Unclaimed Property Law Regulations

Carlton Fields on

A California state court recently enjoined the state from enforcing two rules adopted by the Office of the State Controller without compliance with the California Administrative Procedure Act (APA) concerning the state’s...more

Akin Gump Strauss Hauer & Feld LLP

What's New In Washington - September 2018

Following a truncated August recess, the House and the Senate returned to Washington after Labor Day with a full plate of legislative items to address prior to the end of the fiscal year on September 30. That list includes...more

Seyfarth Shaw LLP

Chevron Deference Under Attack At State Level

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Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state’s administrative procedure laws to remove “Chevron Deference,” so that for disputes involving state...more

Seyfarth Shaw LLP

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

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Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

Foley & Lardner LLP

Ninth Circuit Victory Opens the Door to Medicaid Reimbursement Challenges Based on Equal Access Requirement

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The Ninth Circuit held August 7 that the Department of Health and Human Services Secretary erred in approving a Medicaid State Plan Amendment (SPA) that cut reimbursement for outpatient hospital services in California by 10%...more

Seyfarth Shaw LLP

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

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Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

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