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Administrative Procedure Act Regulatory Authority

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

Nelson Mullins Riley & Scarborough LLP

Proceed With Caution: California Emissions Case Slowly Moving Forward

Introduction - In June 2025, California and a coalition of 10 other states in State of California et al. v. United States et al., No. 4:25-cv-04966-HSG (N.D. Cal.) filed a lawsuit challenging the authority of congressional...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

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

OSHA Under OIRA’s Deregulatory Memo: What Changes to Expect and What’s at Stake

The October 21, 2025, memorandum from the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) sets out an aggressive framework to accelerate deregulatory actions across the federal...more

Akerman LLP - SALT Insights

Massachusetts’ Latest Attack on P.L. 86-272

Massachusetts is the latest state to attempt to narrow the scope of Federal law P.L. 86-272. On October 10, the Commonwealth issued final regulations targeted at cookies placed on computers or other electronic devices of...more

Alston & Bird

Delaware’s New Guidance on the Reporting of Illicit Property Creates Potential Compliance Hurdles for Holders

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Our Unclaimed Property Team explains how new Delaware guidance creates additional obligations for holders to separately manage and report illicit property, leading to fresh compliance and legal uncertainties....more

Kelley Drye & Warren LLP

Former Missouri Attorney General Quietly Withdraws First of Its Kind Content Moderation Rule

Just before the former Missouri Attorney General Andrew Bailey resigned from office earlier this month, his office quietly issued a withdrawal notice for a rule that would have prohibited social media companies from requiring...more

Venable LLP

FDA Announces Notice of Proposed Rulemaking to Eliminate Self-Affirmed GRAS and Revise GRAS Review Criteria

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Last week, the Office of Information and Regulatory Affairs released the spring 2025 edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). This semiannual publication outlines the...more

Morgan Lewis - As Prescribed

Vaccine Suspension: FDA Leans Into Its Withdrawal Toolbox, But Will It Invite Challenges?

On August 22, 2025, FDA suspended the biologics license for Ixchiq, one of only two marketed chikungunya vaccines. The decision to suspend comes only a few weeks after FDA approved a Safety Labeling Change supplemental...more

Sheppard Mullin Richter & Hampton LLP

Eighth Circuit Says Not So Fast to FTC’s “Click to Cancel” Rule

The Federal Trade Commission (“FTC”) set out to modernize the Negative Option Rule promulgated in 1973, now referred to as the “Click to Cancel” rule (the “Rule”), to make it easier for consumers to cancel recurring...more

K&L Gates LLP

Litigation Minute: A Year After Loper Bright: Lessons From a Legal Shake-Up

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What You Need to Know in a Minute or Less - In Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the 40-year-old doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,...more

Pillsbury - SeeSalt Blog

Putting Regulations to the Test: California Taxpayers Cleared to Challenge Regulations in OTA Appeals

The California Attorney General has confirmed the Office of Tax Appeals (OTA) may decline to apply a tax regulation in a taxpayer appeal if it conflicts with the relevant statute. OTA must afford appropriate deference to the...more

Foley & Lardner LLP

The CPSC and Amazon: Navigating a Shifting Regulatory Landscape

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Despite recent leadership and other changes at the agency, the U.S. Consumer Product Safety Commission (the “CPSC” or “Commission”) has maintained its focus on regulating e-commerce platforms that facilitate large-volume...more

Vorys, Sater, Seymour and Pease LLP

Scope of Ohio Commercial Activity Tax Agency Exclusion Remains Unsettled Following Ohio Supreme Court’s Decision in Aramark Corp....

Aramark provided food service operations to various clients (e.g., hospitals, universities, corporations, sports arenas, etc.). The clients paid Aramark a management fee. In addition, the clients reimbursed Aramark for the...more

Cooley LLP

District Court Vacates Regulation II’s Debit Card Interchange Fee Standard

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On August 6, the US District Court for the District of North Dakota, in Corner Post, Inc. v. Bd. of Governors of Fed. Rsrv. Sys., vacated the entirety of Regulation II – the Federal Reserve Board’s framework for setting debit...more

Whiteford

Client Alert: DOE Grant Cancellations: Practical Steps for Recipients Facing Termination

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The Department of Energy (DOE) has recently terminated or suspended a number of high-profile energy grants, withdrawing more than $3.7 billion in commitments for projects involving carbon capture, decarbonization, and...more

Snell & Wilmer

California Office of Tax Appeals Cleared To Consider Whether Tax Regulations Conflict With Statutes

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The California Attorney General (AG) recently issued Legal Opinion No. 23-701 stating that the California Office of Tax Appeals (OTA) has the authority to determine whether tax regulations issued by the Franchise Tax Board...more

McGlinchey Stafford

DOL Limits Authority to Seek Liquidated Damages in Wage and Hour Investigations

McGlinchey Stafford on

On June 27, 2025, a new enforcement directive from the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) took effect, formally eliminating the agency’s policy of seeking the payment of liquidated damages in any...more

Stevens & Lee

FTC Requests Additional 60 Days to Consider Dropping Defense of Noncompete Ban

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A reconstituted Federal Trade Commission (Commission) has asked the Fifth Circuit Court of Appeals to grant it a 60-day continuance to consider whether to drop the defense of its rule banning noncompetes. As previously...more

Orrick, Herrington & Sutcliffe LLP

FDIC withdraws proposed rule on industrial banks and loan companies

On July 15, the FDIC Board withdrew a proposed rule concerning the oversight of parent companies of industrial banks and industrial loan companies. The withdrawal means the FDIC no longer intends to issue a final rule on...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court restricts universal injunctions, but plaintiffs find a “workaround”

At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions. At issue in...more

UB Greensfelder LLP

FTC’s Proposed “Click-to-Cancel” Rule Struck Down by Eighth Circuit

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On July 8, 2025, less than a week before the “click-to-cancel” rule would have gone into effect, the United States Court of Appeals for the Eighth Circuit struck down the proposed rule (Custom Communications, Inc. v. Federal...more

Parker Poe Adams & Bernstein LLP

Supreme Court Decision on Nationwide Injunctions Will Have Long-Term Impacts on Employers

At the end of its latest term last month, the U.S. Supreme Court issued a major decision regarding the ability of federal district courts to issue nationwide injunctions blocking executive branch regulations and executive...more

Venable LLP

Eighth Circuit Cancels FTC Negative Option Rule: What Does It Mean?

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The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (often referred to as the “Click-to-Cancel” rule) on July 8, just days...more

Stinson LLP

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

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On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under...more

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