News & Analysis as of

Administrative Procedure Act Constitutional Challenges State and Local Government

Cozen O'Connor

Democratic AGs Sue Over Access to Clean-Energy Funds

Cozen O'Connor on

A group of four Democratic AGs sued the EPA and Citibank, N.A., as a financial agent for the federal government, alleging that they wrongfully denied the states access to funds appropriated by Congress for clean-energy...more

Littler

New York Court Issues Decision and Order Declaring the DOH’s August 2024 Reimbursement Rate Adjustment for Fiscal Intermediaries...

Littler on

On March 20, 2025, a New York Supreme Court Justice in Albany County issued a decision and order declaring the New York State Department of Health (NY DOH)’s August 2024 implementation of an administrative rate reimbursement...more

Schwabe, Williamson & Wyatt PC

Federal Freeze Rescinded: Implications for Tribal Governments and ANCs

On January 27th, the Trump administration ordered a freeze on all disbursements of federal funds through a memorandum signed by the Office of Management and Budget (OMB). The OMB memo stated that the freeze does not apply to...more

Cozen O'Connor

Democratic AGs Give Chilly Reception to Federal Funding Freeze

Cozen O'Connor on

A coalition of 23 Democratic AGs, led by New York AG Letitia James, filed a lawsuit in the U.S. District Court for the District of Rhode Island to block a directive from the Trump administration’s Office of Management and...more

Bowditch & Dewey

EOHLC Files Emergency Regulations to Implement the MBTA Communities Law

Bowditch & Dewey on

On January 8, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Attorney General v. Town of Milton, SJC-13580, affirming the constitutionality of the Massachusetts Bay Transportation...more

Verrill

Balancing Local Control and State Mandates: The Implications of the MBTA Communities Act Ruling

Verrill on

The state’s highest court has affirmed the Legislature’s power to force towns to adopt denser, transit-friendly zoning. In 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (G. L. c. 40A, § 3A)...more

Pierce Atwood LLP

Breaking: Mass. SJC rules MBTA Communities Act is constitutional but its implementing "guidelines” are invalid

Pierce Atwood LLP on

In its eagerly anticipated decision issued this morning in Attorney General v. Town of Milton, the Supreme Judicial Court (SJC) has ruled that the MBTA Communities Act (the Act), which former Governor Charlie Baker signed...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

Bass, Berry & Sims PLC on

On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Seyfarth Shaw LLP

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

Seyfarth Shaw LLP on

Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

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