News & Analysis as of

Regulatory Authority

Latham & Watkins LLP

President Trump Issues Executive Order Asserting Greater Control Over Independent Agencies

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The order requires “so-called independent regulatory agencies” to align their proposed regulations, legal interpretations, expenditures, and priorities with the White House....more

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

Snell & Wilmer

Formula for the Future: The Arizona Corporation Commission’s Move Towards Formula Rates

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In December 2024, the Arizona Corporation Commission (ACC or the Commission) adopted a Formula Rate Plan (FRP) Policy Statement, allowing regulated utilities to propose a mechanism for annual rate adjustments through a...more

Cozen O'Connor

Democratic AGs File Lawsuit Asking Court to Muzzle DOGE

Cozen O'Connor on

A group of 14 Democratic AGs filed a lawsuit in federal court challenging the delegation of executive authority to the Department of Government Efficiency (DOGE). The lawsuit alleges that DOGE violates separation of powers...more

Farrell Fritz, P.C.

New York Court of Appeals Upholds Adult Home Admission Regulations

Farrell Fritz, P.C. on

New York Department of Health (DOH) regulations provide that an adult home may not admit additional residents with serious mental illness if it has a capacity of 80 or more beds and its resident population is over 25% persons...more

Dorsey & Whitney LLP

NEPA Regulations Unravel

Dorsey & Whitney LLP on

The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more

Hudson Cook, LLP

Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up

Hudson Cook, LLP on

The future of the Consumer Financial Protection Bureau — and federal enforcement of consumer financial laws more generally — is uncertain. The Trump administration has ordered the CFPB to freeze all enforcement activity,...more

Amundsen Davis LLC

Steel and Aluminum Tariff “Derivative Articles” Defined

Amundsen Davis LLC on

On February 14, 2025, two federal registrar notices, including Annex I, were published, providing details on “derivative articles” that fall within the scope of the two presidential proclamations that impose an additional 25...more

Morrison & Foerster LLP

CPSC Warns Consumers to Stop Using Sport Nets

On December 19, 2024, the Consumer Product Safety Commission (CPSC) unilaterally issued a warning to consumers to stop using Sport Nets 4’ x 8’ portable soccer goals. According to CPSC, an exposed metal tip at the top of the...more

Holtzman Vogel Baran Torchinsky & Josefiak

New York’s Highest Court Upholds the Constitutionality of Ethics Commission

In a 4-3 decision, the New York State Court of Appeals upheld the constitutionality of New York State’s Commission on Ethics and Lobbying in Government (COELIG). The commission’s constitutionality had been challenged by...more

Schwabe, Williamson & Wyatt PC

A Closer Look at the Regulatory Executive Order

On January 31, the Trump Administration issued Executive Order 14912, titled “Unleashing Prosperity Through Deregulation” (the “Regulatory EO”), the purpose of which is to “promote prudent financial management and alleviate...more

Venable LLP

FTC Forges Ahead in Court Battle on FTC Act's Scope Over Nonprofit Institutions (And Loses)

Venable LLP on

With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more

Ballard Spahr LLP

Appeals Court strikes down FCC telemarketing, robocall rule that required specific consent

Ballard Spahr LLP on

The 11th Circuit Court of Appeals has struck down the FCC rule that would have prohibited telemarketing or advertising robocalls to consumers unless they consent to calls from only one entity at a time, and that they consent...more

Mayer Brown

Brazil: Federal Decree Regulates FUNAI's Enforcement Powers

Mayer Brown on

AT A GLANCE - Federal Decree No. 12,373/2025, published on February 3, 2025, reinforces FUNAI’s regulatory authority over indigenous lands and restricted areas by outlining offenses such as unauthorized entry by...more

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Letter Addressing Packaging Residue

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 7th Interpretive Letter a question regarding the Hazardous Materials Regulation’s (“HMR”) applicability to residue on...more

Orrick, Herrington & Sutcliffe LLP

Jonathan Gould nominated to be Comptroller of the Currency

On February 11, the White House announced Jonathan Gould’s nomination as Comptroller of the Currency. Recently, Rodney E. Hood was named Acting Comptroller of the Currency effective February 10....more

Orrick, Herrington & Sutcliffe LLP

Q&A: Will States Take the Lead in Consumer Protection?

On Saturday, February 1, Rohit Chopra was dismissed as Director of the Consumer Financial Protection Bureau (CFPB), with Secretary Scott Bessent appointed as Acting Director that same day. The following weekend, Office of...more

Cozen O'Connor

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

Cozen O'Connor on

On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This...more

Orrick, Herrington & Sutcliffe LLP

President Trump signs executive order to reduce regulatory burden

On January 31, President Trump announced that he signed Executive Order 14192 focusing on deregulation efforts such as requiring federal agencies to repeal at least ten existing rules or regulations for every new one...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Hears Oral Argument in Case Regarding FCC’s Authority to Interpret Telephone Consumer Protection Act

Recently, the U.S. Supreme Court heard oral argument in a case that has the potential to sound the death knell to the Federal Communications Commission’s (FCC) authority to bind courts to its interpretation of the Telephone...more

Wilson Sonsini Goodrich & Rosati

Upcoming Reporting Obligations Under the EU Digital Services Act

Services subject to the EU’s Digital Services Act (DSA) will be required to publish their annual transparency report by February 16, 2025. This includes providers of hosting services, online platforms, very large online...more

Stinson - Corporate & Securities Law Blog

Trump’s Executive Order: Ten Regulations to be Eliminated for Every New One

Seeking to “unleash prosperity through deregulation” and fulfilling a campaign promise, President Trump has signed an executive order to implement a requirement that for every new regulation, ten existing regulations must be...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC To Reorganize Task Forces and End ‘Regulation by Enforcement’

On February 4, 2025, CFTC Acting Chair Caroline D. Pham announced that the agency was reorganizing the Division of Enforcement’s nine task forces “to combat fraud and help victims while ending the practice of regulation by...more

Goldberg Segalla

Navigating NEPA in the New Year

Goldberg Segalla on

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

Troutman Pepper Locke

A Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

Troutman Pepper Locke on

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more

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