News & Analysis as of

Administrative Procedure Act Declaratory Relief

Proskauer - Health Care Law Brief

Post‑Chevron Spotlight: Disproportionate Share Hospital Payments Restored as Texas Hospitals Prevail in Challenge to HHS Exclusion...

In a victory for Texas health care providers, in Baylor All Saints Medical Center dba Baylor Scott & White All Saints Medical Center‑Fort Worth et al. v. Xavier Becerra, case number 4:24‑cv‑00432, the United States District...more

Proskauer Rose LLP

Wealth Management Update - September 2024

Proskauer Rose LLP on

The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September applicable federal rate (“AFR”) for use...more

Cozen O'Connor

Republican AGs Pour Cold Water on New EPA Rule

Cozen O'Connor on

A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

Cozen O'Connor

AGs File Suit Over Student Debt Cancellation

Cozen O'Connor on

Missouri AG Eric Schmitt led AGs from Nebraska, Arkansas, Iowa, Kansas, and South Carolina in suing President Biden, Secretary of Education Miguel Cardona, and the United States Department of Education alleging that the Biden...more

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

MarkIt to Market® - April 2022: Watching the Pot™

APA Challenges to DEA Cannabis Policy: "Hot" Hemp and Research-Grade Cannabis - The beginning of spring brought some interesting developments in administrative legal challenges to the U.S. Drug Enforcement Administration...more

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

MarkIt to Market® - April 2022

Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss two ongoing administrative legal challenges to the U.S. Drug Enforcement Administration's policies on...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Cozen O'Connor

Ten Republican Attorneys General Sue Biden Administration Over Climate Change Metric

Cozen O'Connor on

A group of ten Republican AGs, led by Louisiana AG Jeff Landry, sued the Biden administration over an alleged violation of the Administrative Procedures Act by President Biden in issuing an executive order restoring Obama-era...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

Faegre Drinker Biddle & Reath LLP

The FDA Is in the Doghouse

An unusual pet food case filed this summer in the District Court of Colorado has a pet food manufacturer as the plaintiff rather than a defendant. Lystn, LLC v. FDA, No. 1:19CV01943 (D. Colo. July 5, 2019)....more

Stoel Rives LLP

Are New Regulations Coming for Accidental Releases into Air?

Stoel Rives LLP on

On February 4, 2019, a federal court ruled that the U.S. Chemical and Safety Hazard Board must issue regulations within one year that set forth reporting requirements for accidental releases of hazardous substances into the...more

Stoel Rives - Environmental Law Blog

Environmental Groups Sue Federal Agencies Again in Unending Legal Battle Over Offshore Oil Development

On November 11, 2016, the Environmental Defense Center (“EDC”) and Santa Barbara Channelkeeper jointly filed suit against several federal agencies including the Bureau of Ocean Energy Management and the Bureau of Safety and...more

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

September Surprise? Two Federal Lawsuits Attack the Validity of the New FLSA Overtime Rule

The effective date for the revisions to the U.S. Department of Labor (DOL) overtime regulations is less than 80 days away, and employers continue to struggle with the challenges created by changes to the existing rule. On...more

Arnall Golden Gregory LLP

It’s Déjà Vu All Over Again: FDA Sued Again in Off-Label Promotion Case

To quote the late Yogi Berra, it must feel like déjà vu all over again for the Food and Drug Administration (FDA) (or, if you prefer, Crosby, Stills, Nash & Young’s song, “Déjà Vu” (“We have all been here before”)). Fresh off...more

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

Texas and 17 States Sue Over the President’s Executive Action on Immigration

On Wednesday, December 3, 2014, the attorneys general and governors of 17 states filed a complaint for declaratory and injunctive relief with the United States District Court for the Southern District of Texas challenging...more

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