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What Overturning Chevron Means for the Way Congress Does Its Business

While most of the attention surrounding the Supreme Court’s (the Court) decision in Loper Bright v. Raimondo (Loper), overturning the longstanding Chevron doctrine, has focused on the increased potential for successful...more

Corner Post Magnifies Regulatory Uncertainty After Loper Bright

In its last opinion of this term, the US Supreme Court in Corner Post v. Board of Governors of the Federal Reserve System significantly extended the timeframe in which courts can review certain current and future regulations....more

Ninth Circuit Cans Berkeley Gas Ban Under Federal Law

On 17 April 2023, in California Restaurant Association v. City of Berkeley, the Ninth Circuit struck down a local ordinance banning natural gas piping in newly constructed buildings, concluding that federal law preempts the...more

Federal Maritime Commission Seeking Comment on New Rulemaking Regarding Prohibition Against Ocean Common Carrier Refusal to...

In response to supply chain disruptions caused by the COVID-19 pandemic, on 16 June 2022, the U.S. Congress enacted the Ocean Shipping Reform Act of 2022 (OSRA) to increase the authority of the Federal Maritime Commission...more

Spotlight on the International Maritime Sector as the Biden Administration Looks to Address Competition Activities

On 9 July 2021 the Biden Administration released an Executive Order (EO) on promoting competition in the American economy. The latest White House effort directs federal agencies to strengthen oversight of several key...more

The Essential Guide to the Jones Act

The Jones Act is the foundational law of the American maritime industry, and compliance with it is essential whether you are a vessel operator in the U.S. domestic trades or a foreign operator serving the U.S. market. The...more

COVID-19: Updates on the FMC's Detention and Demurrage Final Rule

The Federal Maritime Commission (FMC or Commission) recently announced its adoption of a final interpretive rule to provide the maritime community guidance on the “reasonableness” of detention and demurrage charges. The rule...more

COVID-19: Supply Chain Impacts

Despite manufacturing and port activity in China ramping back up toward pre-crisis levels, the global supply chain continues to feel the devastating effects of the COVID-19 pandemic. In response, the Federal Maritime...more

COVID-19: Federally Regulated Energy Businesses

As the number of COVID-19 cases increases across the United States and in light of the World Health Organization’s (“WHO”) declaration of a pandemic, the risks posed by the virus to the broader economy are expanding....more

Hart-Scott-Rodino Notification Thresholds to Increase

Beginning on February 27, 2020, transactions valued at more than $94 million may require filing with the antitrust agencies of a Premerger Notification and Report under the Hart-Scott-Rodino (“HSR”) Antitrust Improvements Act...more

Proposed Amendments to Hart-Scott-Rodino Act Regulations May Affect Domestic Managers of Foreign Investment Funds

The Federal Trade Commission (FTC) has proposed amending its regulations used to determine whether a person is designated as a domestic or foreign entity under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) to...more

Pipeline Projects Face New Questions On Landowner Rights

With the significant recent development of thousands of miles of new interstate natural gas pipeline infrastructure in the United States, landowner rights have gained increasing attention, spurred by the eminent domain...more

Declining to Overrule a Long-Standing Agency Deference Doctrine, the Supreme Court Nonetheless Cautions That its Limitations...

Federal agencies issue hundreds of significant rules each year, affecting virtually all aspects of U.S. economic activity. For decades, businesses, consumers, environmental and labor groups, and others have challenged these...more

Hart-Scott-Rodino Notification Thresholds to Increase

Beginning on April 3, 2019, transactions valued at more than $90 million may require submission of a Premerger Notification and Report Form to the U.S. antitrust agencies under the Hart-Scott-Rodino Antitrust Improvements Act...more

Recent Amendments to the Shipping Act: A Course Correction, Not a Sea Change

Earlier this month, legislation amending certain Shipping Act prohibitions on anticompetitive conduct was enacted as part of the Coast Guard Authorization Act of 2018....more

Fiduciary Rule Reform – SEC Developments

As we wait to see if the Department of Labor (DOL) will appeal the 5th Circuit’s mid-March ruling that vacated the DOL’s fiduciary rule, the Securities and Exchange Commission (SEC) is also making news on the fiduciary front....more

Hart-Scott-Rodino Notification Thresholds to Increase

Beginning on February 28, 2018, transactions valued at more than $84.4 million may require filing with the antitrust agencies of a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act of...more

Reverse Gender Discrimination Under Title IX

Issues of student sexual misconduct on university campuses continue to be of great concern for universities nationwide. Even when a university has implemented thoughtfully constructed grievance procedures it may have to...more

Secretary DeVos Announces Changes to Title IX Directives Regarding Campus Sexual Misconduct Allegations

n Thursday, September 7, 2017, Department of Education Secretary DeVos announced that the Department will launch a notice-and-comment process to incorporate the “insights of all parties” in creating new directives that govern...more

Illinois District Court Rejects Federal Preemption Challenges to State Zero-Emissions Credit Program

On July 14, 2017, the U.S. District Court for the Northern District of Illinois issued an opinion dismissing challenges to the state of Illinois’ zero-emissions credit (“ZEC”) program. Illinois’ ZECs are tradable credits...more

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more

Antitrust Claims: A Novel Line of Attack by Groups Opposing Natural Gas Infrastructure Projects

The Sierra Club and other environmental groups have made little secret of their opposition to the continuing use of fossil fuels and to the development of infrastructure to support that use. A new wrinkle in their multifront...more

12/20/2016  /  Natural Gas , Oil & Gas , Pipelines , Sierra Club

HUD’s Approach to Disparate Impact Remains Under Fire—Lending Trade Associations Weigh In

K&L Gates LLP recently presented the views of the major banking and lending trade associations, as amici curiae, in a federal challenge to HUD’s Fair Housing Act disparate-impact rule. The views expressed are those of the...more

Federal Court Upholds FERC’s Approach on LNG Environmental Permitting and Shifts Focus to Challenges to DOE’s Environmental Review

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit issued two opinions that uphold the Federal Energy Regulatory Commission’s (“FERC”) approach to reviewing environmental impacts of liquefied...more

Shipping Act Antitrust Exemption Held for the First Time to Preempt State Antitrust Laws

For the first time, a federal court has held that the Shipping Act of 1984, 46 U.S.C. §§ 40101–41309 (Shipping Act), preempts state-law antitrust claims. The federal district court in New Jersey applied conflict preemption...more

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