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Administrative Procedure Act 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

Morgan Lewis

Federal Court Blocks FDA’s Final Rule on LDTs: Key Considerations for Clinical Labs

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The US District Court for the Eastern District of Texas issued a pivotal ruling in the consolidated lawsuit American Clinical Laboratory Association v. US Food and Drug Administration (FDA) challenging FDA’s final rule to end...more

Jenner & Block

Government Pressure on Regulators Could Prompt Premature AI Adoption and a Surge in Judicial Review

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In March 2025, the UK government met with regulators to push for faster decision-making processes as a part of efforts by Chancellor of the Exchequer Rachel Reeves to cut red tape and boost economic growth. But while the...more

Akin Gump Strauss Hauer & Feld LLP

Additional Recissions of Harmful Executive Orders and Actions (Trump EO Tracker)

Rescinds several executive orders made during the Biden-Harris administration. A continuation of Executive Order 14148 from January 20, 2025 which rescinded 78 Presidential orders and memoranda issued by then-President Biden....more

Cadwalader, Wickersham & Taft LLP

Regulation in Flux, March 2025 - CFTC Staff Withdraws Advisory on Swap Execution Facility Registration Requirement

On March 13, 2025, the Commodities Futures Trading Commission (“CFTC”) issued Letter 25-05, withdrawing controversial and much-criticized Staff Letter 21-19 (“SEF Registration Advisory”), which was issued September 29, 2021...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

Nelson Mullins Riley & Scarborough LLP

No Soup for You - SEC Commissioners Revoke Authority of Director of Enforcement to Launch Investigations

In a famous Seinfeld episode, a master soup maker had strict rules for ordering his delicious confections.  A violation of his rules, resulted in “No soup for you!”...more

McDermott Will & Emery

NIH’s Mandatory 15% Indirect Rate – Next Steps Following Preliminary Injunction

On March 5, 2025, a US district court in Massachusetts issued a preliminary injunction blocking the National Institutes of Health (NIH) from implementing a February 7, 2025, “Supplemental Guidance” notice that would establish...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

Foley Hoag LLP - Environmental Law

What Happens When Agency Administrators Don't Support the Agency's Statutory Mission?

I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more

Cozen O'Connor

Democratic AGs File Amicus Brief Supporting CFPB Funding

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A group of 23 Democratic AGs filed an amicus brief supporting a motion for a preliminary injunction seeking to prevent the CFPB’s Acting Director from declining to draw additional funds on behalf of the agency....more

Genova Burns LLC

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

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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...

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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

Orrick, Herrington & Sutcliffe LLP

State attorneys general and CFPB file briefs in City of Baltimore case against defunding CFPB

On February 19, a group of states filed an amicus brief in support of a request by the City Council and Mayor of Baltimore to preliminarily enjoin the CFPB and its Acting Director, Russell Vought, from actions that would...more

Perkins Coie

Executive Order Expands Presidential Oversight of Independent Agencies

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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

Ballard Spahr LLP

Federal Judge Issues Order Prohibiting Massive Layoffs, Budget Cuts at CFPB Pending Ruling on Motion for Preliminary Injunction

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A federal judge has issued an order temporarily prohibiting the Trump Administration from imposing mass layoffs and budget cuts at the CFPB....more

Ballard Spahr LLP

City of Baltimore and National Treasury Employees Union file separate suits to keep the CFPB funded and operating

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Accusing the CFPB of planning to use its funding mechanism to abolish the agency, the mayor and the city council of Baltimore (the “City of Baltimore”) and the Economic Action Maryland Fund (the “Economic Fund”), a nonprofit...more

Orrick, Herrington & Sutcliffe LLP

Baltimore government files to challenge the CFPB’s funding decisions, Vought delays budget cuts

On February 12, a complaint was filed in the U.S. District Court for the District of Maryland against the CFPB and its Acting Director, Russell Vought. The plaintiffs — which include the Mayor and City Council of Baltimore,...more

Bergeson & Campbell, P.C.

“Unleashing Prosperity Through Deregulation” — How Effective Will It Be in Practice?

President Trump, on January 31, 2025, issued Executive Order 14192, “Unleashing Prosperity Through Deregulation.” This has been referred to as President Trump’s “ten-to-one deregulation initiative” that he spoke about when he...more

Carlton Fields

Piecing Alpine Together

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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

Mintz - Health Care Viewpoints

EnforceMintz — Medicare Advantage and Part D Programs to Remain in the Enforcement Spotlight in 2025

As government scrutiny and enforcement targeting the Medicare Advantage (Medicare Part C) program continued in 2024, the industry’s response to agency actions escalated. Last year also resulted in the first sizable Part D...more

Sheppard Mullin Richter & Hampton LLP

Artificial Intelligence Infiltrating Healthcare in Illinois and its Effects on Insurers

On November 25, 2024, the Illinois State Legislature introduced House Bill 5918 IL HB5918, the Artificial Intelligence Systems Use in Health Insurance Act (“AI Act”). It provides the Illinois Department of Insurance (the...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

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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

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

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