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Administrative Procedure Act State Attorneys General

Faegre Drinker Biddle & Reath LLP

Republican State AGs Challenge CMS Rule Redefining 'Lawfully Present' for ACA Eligibility Under Administrative Procedure Act (APA)

On August 8, 2024, thirteen Republican state attorneys general brought suit in the District of North Dakota against the Centers for Medicare & Medicaid Services (CMS) to challenge the agency’s recent rule allowing...more

Cozen O'Connor

GOP AGs Seek to Black Out FERC’s Electrical Transmission & Planning Rule

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A group of 19 Republican AGs filed a Rehearing Request to FERC asking it to reconsider its Building for the Future Through Electric Regional Transmission Planning and Cost Allocation Final Rule, which requires transmission...more

Cozen O'Connor

GOP AGs Extend a Hand in Fighting EEOC on Alleged Title VII Overreach

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A group of 18 Republican AGs sued the Equal Employment Opportunity Commission (EEOC) over its Enforcement Guidance on Harassment in the Workplace (Enforcement Document) which informs employers that failing to accommodate...more

Cozen O'Connor

Republican AGs Take Another Bite at the Apple in Challenging Student Loan Cancellations

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11 Republican AGs filed a lawsuit against the Biden administration and the Department of Education (ED) alleging that they exceeded executive and agency authority in implementing the SAVE Plan, which provides student loan...more

Cozen O'Connor

Republican AGs Allege Liquified Natural Gas Export Ban Stinks

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A group of 16 Republican AGs filed a lawsuit against President Biden and the Department of Energy (DOE) alleging that the ban on new liquefied natural gas (LNG) exports to non-Free-Trade Agreement countries violates the...more

Cozen O'Connor

Republican AGs Try to Slam the Brakes on New Federal Highway Rule

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A group of 21 Republican AGs filed a lawsuit challenging a new rule promulgated by the Federal Highway Administration (FHWA) and the U.S. Department of Transportation (DOT) that requires all states with National Highway...more

Cozen O'Connor

Republican AGs Pour Cold Water on New EPA Rule

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A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

Goodwin

IRA Drug Price Negotiation Program Litigation Updates - Denial of PI Motion and Motion to Dismiss in Chambers of Commerce Case and...

Goodwin on

Denial of Motion to Dismiss and Motion for Preliminary Injunction in Chambers of Commerce case - On Friday, September 29, the court in Dayton Area Chamber of Commerce et al. v. Becerra et al. (S.D. Ohio, Judge Newman)...more

Ballard Spahr LLP

16 amicus briefs filed with SCOTUS in support of CFSA’s position that CFPB’s funding mechanism is unconstitutional

Ballard Spahr LLP on

Sixteen amicus briefs have been filed with the U.S. Supreme Court in support of the position of the Community Financial Services Association of America (CFSA) that the Court should affirm the Fifth Circuit panel decision in...more

Cozen O'Connor

AG Lawsuit Challenges Endangered Status of Lesser Prairie-Chickens

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The AGs of Texas, Kansas, and Oklahoma filed a lawsuit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service (USFW) and their respective Secretary and Director for allegedly violating the U.S....more

Cozen O'Connor

AGs Ask Supreme Court to Lift Injunctions on Federal Government’s Student Debt Relief Plan

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A coalition of 22 Democrat AGs filed an amicus brief in support of the federal government in two cases before the U.S. Supreme Court concerning the government’s plan to cancel certain student loan debt in order to address the...more

Cozen O'Connor

AGs File Suit Over Student Debt Cancellation

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Missouri AG Eric Schmitt led AGs from Nebraska, Arkansas, Iowa, Kansas, and South Carolina in suing President Biden, Secretary of Education Miguel Cardona, and the United States Department of Education alleging that the Biden...more

Cozen O'Connor

Federal Judge Enjoins Agency Guidance on Transgender Students

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A federal judge in the U.S. District Court for the Eastern District of Tennessee granted 20 Republican AGs’ request to block the Biden Administration’s interpretation of Title VII and Title IX of the Civil Rights Act, which...more

Venable LLP

States Encouraged by CFPB to Enforce Federal Consumer Financial Law

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The Consumer Financial Protection Bureau ("the Bureau" or CFPB) released an Interpretive Rule - which is exempt from notice-and-comment requirements of the Administrative Procedure Act - that sets out its view on the power of...more

Cozen O'Connor

Republican Attorneys General Sue to Halt Minimum Wage Increase for Federal Contractors

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Texas AG Ken Paxton, Louisiana AG Jeff Landry, and Mississippi AG Lynn Fitch sued the Biden administration seeking to strike down an executive order and related Department of Labor final rule (the “Wage Mandate”) raising the...more

Harris Beach PLLC

Mask Mandate; Nassau County Court Decision; Where Are We?

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UPDATED January 27, 2022 We have learned from the New York State Attorney General’s office that the decision regarding whether or not the current stay will remain in place pending the decision on the appeal of the Nassau...more

Cozen O'Connor

AGs Argue Trump-Era Student Borrower Defense Rule Is Unlawful And Should Be Repealed

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A group of 22 Democratic AGs, led by California AG Rob Bonta and Massachusetts AG Maura Healey, filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in New York Legal Assistance Group (“NYLAG”) v....more

Cozen O'Connor

Republican AGs Press Biden Administration On Expanding Energy Infrastructure

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A group of 19 Republican AGs, led by Montana AG Austin Knudsen, wrote a letter to President Joe Biden urging him to support additional energy infrastructure in the wake of the Colonial pipeline shutdown...more

Morrison & Foerster LLP

U.S. Supreme Court Upholds FCC’s Relaxed Media Ownership Rules, Opening The Door For More Deals And Possible Antitrust Scrutiny

M&A in the media industry is about to pick up. Recently, the U.S. Supreme Court upheld the U.S. Federal Communications Commission’s (FCC) 2017 rollback of media ownership limits. Media companies that once avoided specific...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - April #4

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Pressure is increasing on the Biden Administration to release the delayed Emergency Temporary Standard (ETS) to protect workers from COVID-related risks. On April 26, Representatives Debbie Dingell (D-MI), Rashida Tlaib...more

Cozen O'Connor

Ten Republican Attorneys General Sue Biden Administration Over Climate Change Metric

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A group of ten Republican AGs, led by Louisiana AG Jeff Landry, sued the Biden administration over an alleged violation of the Administrative Procedures Act by President Biden in issuing an executive order restoring Obama-era...more

Cozen O'Connor

Florida Sues CDC Over COVID-19-Related Framework For Resumption Of Cruises

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Florida AG Ashley Moody sued the U.S. Department of Health and Human Services and the U.S. Centers for Disease Control and Prevention (“CDC”) over allegations that the CDC’s Framework for Conditional Sailing and Initial Phase...more

Troutman Pepper

State Watchdogs: As Biden Takes Office, Republican Attorneys General Likely to Challenge Administration on Many Fronts

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During the past four years, Democratic state attorneys general filed a record number of lawsuits against the Trump administration’s executive orders. Now as the Biden administration takes office, and with the shoe on the...more

Cozen O'Connor

Impostor Government Invoices | Car Dealer Employees Working Without Pay? | Democratic AGs v. Trump Administration

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State AGs in the News- Alaska Governor Nominates Acting Attorney General to Be Attorney General- •Alaska Governor Mike Dunleavy nominated acting Alaska AG Clyde “Ed” Sniffen for the AG position. The nomination must be...more

Goodwin

State Attorneys General Challenge the OCC’s “True Lender” Rule

Goodwin on

As LenderLaw Watch previously reported, the Office of the Comptroller of the Currency (OCC) issued its final rule on the True Lender doctrine in October 2020, addressing ambiguity in federal law and establishing that a...more

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