News & Analysis as of

Administrative Procedure Act Appeals

Wiley Rein LLP

Ninth Circuit Upends USDA’s Bioengineered Food Disclosure Requirements

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In Natural Grocers v. Rollins, the U.S. Court of Appeals for the Ninth Circuit significantly upended certain parts of the U.S. Department of Agriculture’s (USDA) National Bioengineered Food Disclosure Standard (BE Rule). ...more

Troutman Pepper Locke

FDA Takes Cigarette Graphic Health Warnings Fight to Eleventh Circuit

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On October 27, FDA appealed a decision of the U.S. District Court for the Southern District of Georgia that vacated the agency’s 2020 rule requiring graphic health warnings on cigarette packaging and advertisements. This...more

Morrison & Foerster LLP

Ninth Circuit Strikes Down Key Provisions of USDA’s Bioengineered Food Disclosure Rule

Morrison & Foerster LLP on

In a major decision for food manufacturers and retailers, the Ninth Circuit recently struck down the U.S. Department of Agriculture (USDA) exemption for highly refined foods under the National Bioengineered Food Disclosure...more

Perkins Coie

Ninth Circuit Issues Significant Ruling on Bioengineered Food Disclosure Standard

Perkins Coie on

Key Takeaways - The U.S. Court of Appeals for the Ninth Circuit recently issued a decision in National Grocers v. Rollins that has the potential to significantly alter the current landscape of bioengineered food...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Denies Three Early Petitions for Mandamus Relating to Rescission of a 2022 Fintiv Memo

On November 6, 2025, the U.S. Court of Appeals for the Federal Circuit (Judges Dyk, Linn, Cunningham, and/or Stoll) issued orders denying three petitions for mandamus (out of seven currently pending) challenging then-Acting...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: In re Motorola Solutions, Inc.

Our case of the week is one of a series of cases challenging newly-enacted procedures by the Trump Administration that are having a significant effect on the inter partes review regime set up by the America Invents Act. In a...more

Orrick, Herrington & Sutcliffe LLP

Tenth Circuit affirms Federal Reserve Banks’ discretion to deny master account access

On October 31, a divided panel of the U.S. Court of Appeals for the 10th Circuit affirmed a district court’s judgment that Federal Reserve Banks were not required to grant master account access to every eligible institution. ...more

Fox Rothschild LLP

Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?

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In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more

Fox Rothschild LLP

PFAS Drinking Water Standards Litigation Paused Amid Government Shutdown; Briefing Scheduled for Hazardous Substance Designation...

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On October 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s unopposed motion to hold the PFAS drinking water standards litigationin abeyance due to the lapse in appropriations as a result of the...more

Ballard Spahr LLP

Trump Administration tells Appeals Court that union is not entitled to an en banc hearing in CFPB lawsuit

Ballard Spahr LLP on

Contending that it cannot abolish the CFPB on its own, the Trump Administration said that the union arguing that such a plan exists should not be entitled to an en banc hearing before an appeals court....more

Groom Law Group, Chartered

Court Rules That CMS Cannot Extrapolate Medicare Advantage Risk Adjustment Audit Results

On September 25, a federal district court vacated the Medicare Advantage risk adjustment and data validation (“RADV”) final rule that would have enabled the Centers for Medicare & Medicaid Services (“CMS”) to extrapolate RADV...more

Knobbe Martens

Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing

Knobbe Martens on

US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE - Before Lourie, Reyna, and Stark. Appeal from the United States District Court for the District of Columbia. Appellants who alleged a speculative risk of patent...more

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: October 1, 2025

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action...more

McDermott Will & Schulte

3M Co. v. Commissioner: IRS shipwrecks hard on the shoals of Loper Bright

McDermott Will & Schulte on

3M Co. v. Commissioner, 136 AFTR 2d 2025-, (8th Cir.) (Oct.1, 2025), is perhaps the most significant tax case to date that implements Loper Bright’s instruction regarding evaluation of an agency’s exercise of delegated...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Jonathan Snare Confirmed to OSHRC: What It Means for OSHA Litigation Now

The U.S. Senate’s October 7, 2025, confirmation of Jonathan L. Snare to the Occupational Safety and Health Review Commission (OSHRC)—the three-member adjudicatory agency that has not had a commissioner since April 2025—was an...more

Constangy, Brooks, Smith & Prophete, LLP

Texas federal court vacates most of HIPAA Reproductive Privacy Rule

Here’s what businesses need to know. Until recently, the privacy rule under the Health Insurance Portability and Accountability Act, (“HIPAA”), was not the focus of political or legal controversy. However, in June 2025, a...more

Troutman Pepper Locke

D.C. Circuit Rejects FERC’s Approval of Tennessee Gas’ Two-Tiered Fuel Rate Structure

Troutman Pepper Locke on

On September 30, 2025, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded FERC’s order approving a two-tiered fuel rate structure for Antero Resource Corporation’s...more

Holland & Knight LLP

CFPB Employees Union Requests D.C. Circuit to Reconsider Order Vacating Injunction

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The National Treasury Employees Union (NTEU) filed a petition for rehearing en banc on Sept. 29, 2025, requesting the full U.S. Court of Appeals for the District of Columbia Circuit to reconsider a three-judge panel's...more

Seyfarth Shaw LLP

TPS Venezuela: A Legal Whiplash with Real-World Consequences

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In a move that underscores the volatility of immigration policy under judicial review, the U.S. Supreme Court has once again intervened in the ongoing litigation surrounding the 2023 Temporary Protected Status (TPS)...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Rex Medical, L.P. v. Intuitive Surgical, Inc.

Rex Medical, L.P. v. Intuitive Surgical, Inc., Appeal Nos. 2024-1072, -1125 (Fed. Cir. Oct. 2, 2025) In this week’s Case of the Week, Rex Medical, L.P. (“Rex”) appeals from a decision out of the U.S. District Court for...more

Orrick, Herrington & Sutcliffe LLP

CFPB union files its petition for rehearing en banc in appellate court

On September 29, the union representing CFPB employees submitted its petition for rehearing en banc after the U.S. Court of Appeals for the District of Columbia Circuit vacated a preliminary injunction that would have...more

Mintz - Health Care Viewpoints

The RADV Odyssey: Extrapolation Vacated

Last week, on September 25, 2025, Judge O’Connor in the U.S District Court for the Northern District of Texas ruled in favor of Humana (the Humana Decision) and vacated the Centers for Medicare & Medicaid Services (CMS)...more

Alston & Bird

Original China Tariffs Litigation on the Ropes: Federal Circuit Affirms Legality of Lists 3 and 4A of Section 301 Tariffs on...

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On September 25, 2025, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) upheld Lists 3 and 4A of Section 301 tariffs on Chinese products.  Should the Federal Circuit’s decision become final and conclusive,...more

Morgan Lewis

EPA Confirms Support for Regulation of PFAS as Hazardous Substances under Biden-Era CERCLA Rule

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The US Environmental Protection Agency (EPA) recently announced its decision to continue fighting a petition in the US District Court of Appeals for the District of Columbia (DC Circuit) challenging a Biden-era rulemaking...more

DLA Piper

Eighth Circuit Pauses SEC Climate Rules litigation pending SEC Action

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On September 12, 2025, the Eighth Circuit Court of Appeals ordered that the proceedings in Iowa v. SEC – the case challenging the Securities and Exchange Commission’s (SEC) landmark climate disclosure rules – remain paused...more

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