Consumer Finance Monitor Podcast Episode: The Cantero Opinion: The Supreme Court Leaves National Bank Preemption in Limbo
In That Case: Cantero v. Bank of America
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Consumer Finance Monitor Podcast Episode: The U.S. Supreme Court’s Pending Ruling on National Bank Preemption: A Discussion of Cantero v. Bank of America, N.A.
U.S. District Court Addresses Federal Preemption for State Credit Reporting Laws
State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? — FCRA Focus Podcast
Consumer Finance Monitor Podcast Episode: What the Recent Developments in Federal Preemption for National and State Banks Mean for Bank and Nonbank Consumer Financial Services Providers
The Presumption of Innocence Podcast: Episode 24 - Special Edition: Spotlight on the Association of Criminal Defense Lawyers of New Jersey
Law School Toolbox Podcast Episode 386: Listen and Learn -- Federal and State Powers (Con Law)
[Podcast] Cellular Agriculture and the Evolving Legal/Regulatory Landscape: A Conversation with Ahmed Khan
Keeping Up With the Bureau Episode 2: FCRA Preemption Issues, Infringing State Laws, and the CFPB's Position
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?
Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]
Bar Exam Toolbox Podcast Episode 162: Listen and Learn -- Federal and State Powers (Con Law)
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Case In Point: Recent Developments in Employment Law
Employment Law Now V-96- LOTS of Big Employment Law Developments
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
The Supreme Court of the United States issued four decisions today: Moyle v. United States; Idaho v. United States, Nos. 23-726, 23-727: After granting certioriari to decide whether the Emergency Medical Treatment and...more
The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more
On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more
On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s...more
On April 12, 2023, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking for “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3” (the Phase 3 proposed rule or NPRM), establishing...more
What is the significance of EPA’s March 30, 2023 Notice of Decision (pre-publication) granting two separate requests for waivers of Clean Air Act (“CAA”) preemption for California Air Resources Board (“CARB”) regulations...more
Ohio et al. v. EPA, No. 22-1081, currently being briefed in the U.S. Court of Appeals for the D.C. Circuit, presents significant issues about the scope of federal and state sovereignty, the resolution of which could have...more
Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more
Today the U.S. Environmental Protection Agency (EPA) published its Notice of Decision in the Federal Register to rescind EPA’s 2019 withdrawal of California’s waiver of preemption under Section 209 of the Clean Air Act (CAA)...more
In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more
On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more
On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more
On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more
On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more
The Anaconda Smelter served southwestern Montana's mining industry for almost one hundred years before its closure in 1980. Today, the 585-foot "Big Stack" remains as one of the largest free-standing masonry structures in the...more
Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more
The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more
Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more
Yesterday, EPA and the National Highway Traffic Safety Administration released the “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” more succinctly known as the withdrawal of the...more
The United States Court of Appeals for the Ninth Circuit addressed a challenge to Oregon’s Clean Fuels Program (“Program”). See American Fuel & Petrochemical Manufacturers v. O’Keeffe, No. 15-35834, 2018 WL 4263250 (9th Cir....more
Highlighting limits on pre-trial motions arguing CERCLA preemption of state common law claims, a New Mexico federal court denied a motion to dismiss plaintiffs’ tort claims arising from a 2015 release of impounded water from...more
On December 29, 2017, the Montana Supreme Court decided an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known also as Superfund, case involving the application of Montana state law...more
EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more
As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and...more
Under the 2016 TSCA amendments, risk evaluation is the critical step toward EPA banning or restricting chemicals, or else determining that they will not be regulated. As required by those amendments, EPA has promulgated a...more