News & Analysis as of

Administrative Procedure Act Centers for Disease Control and Prevention (CDC)

Brownstein Hyatt Farber Schreck

Reactions in the Wake of HHS Funding Cuts

In just over two months since President Donald Trump assumed office, the Department of Health and Human Services (HHS), now under the leadership of Secretary Robert F. Kennedy Jr., has undergone a profound shift in its...more

Latham & Watkins LLP

HHS Issues Policy Statement to Expand Use of Rulemaking Without Notice and Comment

Latham & Watkins LLP on

The policy statement aims to bring more rapid action on personnel and management decisions and empowers HHS and each of its offices and subagencies to promulgate or rescind certain rules without a period of notice and comment...more

ArentFox Schiff

Administrative Law Takeaways from the Federal Travel Mask Mandate Decision

ArentFox Schiff on

The Center for Disease Control’s (CDC) “Mask Mandate” was recently vacated by a Florida district court on the grounds that it exceeded CDC’s statutory authority and violated the procedures for executive branch rulemaking set...more

McGlinchey Stafford

Federal Judge Strikes Down FAA Mask Mandate

McGlinchey Stafford on

Major airlines and airports are dropping their mask requirements following a federal court ruling that struck down the federal government’s mask mandates for public transportation. How Did We Get Here? The Centers for...more

Foley Hoag LLP

Florida District Court Judge Strikes Down U.S. Mask Mandate for Transportation

Foley Hoag LLP on

On Monday, April 18, 2022, Judge Kathryn Kimball Mizelle of the Middle District of Florida issued a 59-page order striking down the CDC’s national mask mandate on airplanes and mass transit, which was based on a regulation...more

Harris Beach Murtha PLLC

Mask Mandate; Nassau County Court Decision; Where Are We?

UPDATED January 27, 2022 We have learned from the New York State Attorney General’s office that the decision regarding whether or not the current stay will remain in place pending the decision on the appeal of the Nassau...more

Bradley Arant Boult Cummings LLP

The Delta-8 Debacle: Looking at Texas’s (Temporarily) Failed Attempt to Make Delta-8 Products Illegal

Texas’s cannabis industry can breathe a momentary sigh of relief. Delta-8 THC, the increasingly popular hemp-derived cannabinoid that produces effects similar to Delta-9 THC, has been removed from Texas’s list of Schedule I...more

Cozen O'Connor

Florida Sues CDC Over COVID-19-Related Framework For Resumption Of Cruises

Cozen O'Connor on

Florida AG Ashley Moody sued the U.S. Department of Health and Human Services and the U.S. Centers for Disease Control and Prevention (“CDC”) over allegations that the CDC’s Framework for Conditional Sailing and Initial Phase...more

Holland & Knight LLP

Two Federal Judges Declare CDC COVID-19 Eviction Moratorium Unenforceable

Holland & Knight LLP on

In Terkel v. Centers for Disease Control and Prevention, No. 6:20-cv-00564 (E.D. Tex. Feb. 25, 2021) and Skyworks, Ltd. v. Centers for Disease Control and Prevention, No. 5:20-cv-2407 (N.D. Ohio Mar. 10, 2021), groups of...more

Holland & Knight LLP

Healthcare Policy Outlook with a Democratic-Controlled Senate

Holland & Knight LLP on

The victories by Democrats Raphael Warnock and Jon Ossoff in the Georgia elections mean that incoming majority leader Chuck Schumer (D-N.Y.) will preside over the narrowest possible majority in the U.S. Senate under which...more

Troutman Pepper Locke

National Apartment Association Claims Nationwide Foreclosure Freeze Is Unconstitutional

Troutman Pepper Locke on

A recently filed lawsuit places renewed scrutiny on the constitutionality of the nationwide residential eviction freeze put in place by the Centers for Disease Control and Prevention (“CDC”) in response to the ongoing...more

Womble Bond Dickinson

The CDC’s Eviction Moratorium and the Pending Lawsuit to Stop It

Womble Bond Dickinson on

Two weeks ago, on September 2, 2020, the Centers for Disease Control (“CDC”) relied on little-known statutory powers to issue a temporary moratorium for most residential evictions, with a stated goal of reducing the risk of...more

Bradley Arant Boult Cummings LLP

CDC Issues Eviction Moratorium, but Will It Survive Legal Challenge?

The Centers for Disease Control (CDC) recently issued a sweeping moratorium on most evictions through the end of 2020 as a means to stop the spread of COVID-19, which will go into effect on September 4, 2020. According to...more

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