On December 11, 2025, President Trump issued an Executive Order (the “Order”) addressing the relationship between federal artificial intelligence policy and state-level AI regulation. The Order does not invalidate existing...more
12/16/2025
/ Artificial Intelligence ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
FCC ,
Federal Funding ,
Federal Trade Commission (FTC) ,
Litigation Strategies ,
Machine Learning ,
Preemption ,
Regulatory Reform ,
State and Local Government ,
Trump Administration ,
U.S. Commerce Department
Last month saw notable developments in the Eleventh and Fifth Circuits regarding challenges to laws in Florida and Texas, respectively, that prohibit certain foreign nationals and companies from acquiring real property within...more
12/1/2025
/ Appellate Courts ,
CFIUS ,
Constitutional Challenges ,
Due Process ,
Equal Protection ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Nationals ,
National Security ,
Preemption ,
Preliminary Injunctions ,
Property Ownership ,
Real Estate Transactions ,
Standing ,
State and Local Government
The Supreme Court held a marathon, nearly 3-hour oral argument yesterday, in what could be the most economically-impactful cases this Term: Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections (the “Tariff...more
11/7/2025
/ Constitutional Challenges ,
Customs and Border Protection ,
Foreign Policy ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Non-Delegation Doctrine ,
Oral Argument ,
Risk Management ,
SCOTUS ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
Organizations challenging an agency’s termination of a grant or government contract based on an allegedly illegal government policy need to master a two-step dance, according to a recent U.S. Supreme Court decision. Under the...more
8/27/2025
/ Administrative Procedure Act ,
Contract Termination ,
Corporate Counsel ,
Court of Federal Claims ,
Federal Grants ,
Government Agencies ,
Judicial Review ,
Jurisdiction ,
National Institute of Health (NIH) ,
National Institutes of Health v American Public Health Association ,
Preliminary Injunctions ,
Research and Development ,
Scientific Research ,
SCOTUS ,
Sovereign Immunity ,
Standing ,
Tucker Act
On Wednesday, September 17, Brandon Tuck, Jeremy Marwell, and Andrew Beach will present a CLE entitled “New NEPA” and What It Means for Project Development, Permitting, and Litigation. This program will offer practical...more
In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more
6/2/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Government Agencies ,
Infrastructure ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railroads ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation
As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically...more
On February 27, 2025, the Financial Crimes Enforcement Network (“FinCEN”) announced a suspension of enforcement actions related to the Corporate Transparency Act (“CTA”). This announcement means that reporting companies are...more
3/7/2025
/ Beneficial Owner ,
Compliance ,
Corporate Counsel ,
Corporate Transparency Act ,
Enforcement Actions ,
Filing Deadlines ,
FinCEN ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
U.S. Treasury
As we previously discussed, on January 7, 2025, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction delaying the implementation of the Corporate Transparency Act’s (“CTA”) reporting...more
After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American...more
1/30/2025
/ Affirmative Action ,
Alaska ,
Climate Change ,
Department of Energy (DOE) ,
Department of the Interior ,
Diversity and Inclusion Standards (D&I) ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
FERC ,
Infrastructure ,
NEPA ,
OMB ,
Regulatory Agenda ,
Trump Administration
On January 23, 2025, the Supreme Court granted the government’s motion to stay a nationwide injunction that was issued by a Texas federal judge in the case Texas Top Cop Shop, Inc. v. McHenry. As we discussed previously,...more
1/29/2025
/ Anti-Money Laundering ,
Appeals ,
Beneficial Owner ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Crimes ,
FinCEN ,
Injunctions ,
Reporting Requirements ,
SCOTUS
On December 17, 2024, the Office of Fossil and Carbon Management of the Department of Energy (“DOE”) released the long-awaited Liquefied Natural Gas (“LNG”) Export Study (“Study”). The Study was released 11 months after the...more
1/8/2025
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Exports ,
Free Trade Agreements ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Liquid Natural Gas ,
Natural Gas ,
Public Comment
As we previously discussed, on December 5, 2024, the Department of Justice (“DOJ”), representing the Department of the Treasury, submitted a notice of appeal to the U.S. Court of Appeals for the Fifth Circuit, challenging a...more
With any new Presidential administration come questions about what will change in terms of policy and law—and how quickly. Join Vinson & Elkins for an insightful program where we will discuss the expectations and procedural...more
Join attorneys in our appellate, energy regulatory, environmental, tax, securities, and employment practices who will explore how these landmark rulings affect administrative law and practice and what comes next....more
7/10/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Continuing Legal Education ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Penalties ,
SCOTUS ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation ,
Webinars
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
In a key development relating to the Corporate Transparency Act (the “CTA”), on March 1, 2024, U.S. District Judge Liles C. Burke of the Northern District of Alabama issued a memorandum opinion and final judgment ruling the...more
On November 29, 2023, the Supreme Court heard oral argument in a critically important administrative law case, Securities and Exchange Commission v. Jarkesy, No. 22-859. This case carries enormous potential consequences for...more
12/1/2023
/ Administrative Law Judge (ALJ) ,
Article II ,
CFTC ,
Civil Monetary Penalty ,
FERC ,
Jury Trial ,
Oral Argument ,
SCOTUS ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment
On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more
9/7/2023
/ Administrative Procedure Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Land Developers ,
Rapanos v US ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more
On May 25, 2023, the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying and narrowing the reach of federal jurisdiction under the Clean Water Act (“CWA”). For decades, confusion has persisted...more
5/30/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more
The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more
1/11/2023
/ Clean Water Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Federal Register ,
Joe Biden ,
New Rules ,
Preemptive Challenges ,
Rapanos v US ,
Sackett ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On February 18, 2022, the Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote related to the construction of natural gas facilities....more
The Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote on February 18, 2022 regarding the construction of natural gas facilities. The policy statements make numerous changes to...more