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
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
7/16/2024
/ Administrative Agencies ,
Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
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
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
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 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
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
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
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
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
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
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
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
7/12/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Remand ,
SCOTUS ,
Stare Decisis ,
Vacated ,
Veterans' Benefits
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
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
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
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
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
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
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
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
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
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
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
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
9/11/2015
/ Federal Maritime Commission ,
Foreign Trade Regulations ,
Jones Act ,
Natural Gas Act ,
ONEOK v Learjet ,
Preemption ,
Price-Fixing ,
SCOTUS ,
Shipping ,
Shipping Cargo ,
State Antitrust Claims ,
Vessels