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Supreme Court Expands Window to Challenge Federal Regulations Under APA

Plaintiffs not initially affected by a regulation may now bring an Administrative Procedure Act ("APA") challenge to the regulation up to six years after they are first affected....more

Delegation Dilemma: CFTC Rule Allows Staff to Circumvent Notice and Comment Rulemaking

The Commodity Futures Trading Commission ("CFTC") published a final rule on April 30, 2024, altering how covered entities fulfill their large trader reporting obligations ("the LTR Rule") and granting CFTC staff significant...more

Supreme Court Rules Tax Penalty Does Not Bar Pre-Enforcement Regulatory Challenge

The Supreme Court held that a company may bring a pre-enforcement challenge under the Administrative Procedure Act ("APA") to an IRS reporting requirement backed by a tax penalty. On May 17, 2021, the U.S. Supreme Court...more

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