News & Analysis as of

Administrative Procedure Act Constitutional Challenges Regulatory Oversight

Ballard Spahr LLP

Ousted Democratic NCUA board members file suit

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The two Democratic NCUA board members ousted by President Trump have filed suit, arguing that their firings violated federal law....more

Kelley Drye & Warren LLP

What’s Next at FTC Following Firings of Democratic Commissioners?

It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their ​“continued service on the FTC is inconsistent with . . . administration priorities.” In the days since, we’ve been...more

Holland & Knight LLP

DOJ Forsakes Defending the ALJ Process Against Article II Challenges

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On Feb. 18, 2025, in a case seeking declaratory and injunctive relief against the SEC, the U.S. Department of Justice (DOJ) filed a Notice of Change in Position indicating that the DOJ will no longer defend in litigation "the...more

Genova Burns LLC

President Trump to Federal Agencies: “I’ve Got This”

Genova Burns LLC on

President Trump’s February 18th Executive Order entitled, “Ensuring Accountability for All Agencies,” represents a sweeping effort to consolidate federal executive branch lawmaking power with the President. The Order’s...more

Carlton Fields

Executive Order Making “So-Called Independent Agencies” Directly Responsive to the President Is Another Nail in the Coffin of the...

Carlton Fields on

On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more

Perkins Coie

Executive Order Expands Presidential Oversight of Independent Agencies

Perkins Coie on

President Donald Trump recently signed a new executive order that confirms the administration’s legal position that so-called independent regulatory agencies operate under the control of the White House. Executive Order...more

Carlton Fields

Piecing Alpine Together

Carlton Fields on

Is FINRA constitutional? According to the D.C. Circuit’s November 2024 opinion in Alpine Securities Corp. v. FINRA, FINRA proceedings may be unconstitutional in one narrow set of circumstances. ...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Venable LLP

Environmental Law in a Post-Chevron World

Venable LLP on

Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

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