News & Analysis as of

Constitutional Challenges Biden Administration Executive Orders

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

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The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing Certain Presidential Actions (Trump EO Tracker)

Orders the Counsel to the President, in consultation with the Attorney General and the head of any other relevant executive department or agency to investigate whether certain individuals conspired to deceive the public about...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

Ballard Spahr LLP on

The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — May 2025

Federal Regulation On April 8, 2025, President Trump issued an executive order that sought to target actions undertaken by individual US states to combat climate change, for the stated purpose of ensuring “American energy...more

Baker Donelson

Red Tape or Green Future? Unpacking California's Climate Disclosure Laws and the Pushback

Baker Donelson on

As the federal government works to roll back climate regulations and climate-focused initiatives, states are developing avenues to fill in the gaps left behind. In 2024, the Securities and Exchange Commission (SEC) adopted...more

Whiteford

Client Alert: What’s to Become of Title IX?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Vinson & Elkins LLP

War on the Offshore – President Trump Restores Areas Withdrawn by President Biden from Offshore Drilling

Vinson & Elkins LLP on

A series of recent actions undertaken by President Biden, near the end of his term, and President Trump, in the early days of his presidency, have called into question a key issue under the Outer Continental Shelf Lands Act...more

Lathrop GPM

Executive Orders, Actions, Agency Regulations, and Congressional Legislation - How They Differ and Why It Matters

Lathrop GPM on

President Trump issued more than 70 Executive Orders in the first 30 days of his new administration – nearly twice the amount his closest competitor (President Biden) issued in his first 100 days. These Executive Orders have...more

Dorsey & Whitney LLP

Predictions for the Federal Financial Service Agencies - Slow Down and Wait

Dorsey & Whitney LLP on

Following the myriad nominations, acting appointments and Executive Orders by the new Administration, many clients and friends have requested advice regarding legal and regulatory changes that might be forthcoming in the...more

Bass, Berry & Sims PLC

Fifth Circuit Delivers Boast to Presidential Authority Under the FPASA

Bass, Berry & Sims PLC on

On February 4, the Fifth Circuit Court overturned a September 2023 order from a Texas trial court finding President Biden lacked the authority under the Federal Property and Administrative Services Act (FPASA or Act) to...more

Perkins Coie

Supreme Court Declines to Hear Tenth Circuit Case Challenging President’s Procurement Act Authority

Perkins Coie on

The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

Wiley Rein LLP

Executive Order Signals Rollback of Biden-Era Firearms Regulations and Overhaul of Second Amendment Policy at DOJ

Wiley Rein LLP on

On Friday, February 7, President Trump issued a first-of-its-kind Executive Order prioritizing the Second Amendment as “an indispensable safeguard of security and liberty.” The order is the first step in what could be a broad...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Troutman Pepper Locke

A Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

Troutman Pepper Locke on

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more

Ballard Spahr LLP

NLRB Board Member Challenges President Trump’s Executive Power

Ballard Spahr LLP on

On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. ...more

Oliva Gibbs

An Update on the Offshore Oil and Gas Development Ban

Oliva Gibbs on

On January 20, President Trump issued several executive orders taking aim at former President Biden’s offshore oil and gas development bans, as well as overturning several other actions designed to boost climate protections....more

Epstein Becker & Green

Navigating Executive Orders: Insights and What Lies Ahead

Epstein Becker & Green on

On January 20, 2025, a new administration took control of the Executive Branch of the federal government, and it has signaled that it will make aggressive use of executive orders....more

Parker Poe Adams & Bernstein LLP

Supreme Court Lets Federal Contractor Minimum Wage Hike Stand

Last week, the U.S. Supreme Court declined to hear an appeal of a Tenth Circuit Court of Appeals decision upholding former President Joe Biden’s executive order increasing the minimum wage applicable to employees of certain...more

Epstein Becker & Green

A Primer on Executive Orders and a Preview of the Road Ahead

Epstein Becker & Green on

On January 20, 2025, a new administration took control of the Executive Branch of the federal government, and it has signaled that it will make aggressive use of executive orders....more

Cozen O'Connor

Six Executive Orders Pertaining to Immigration and DHS Directives

Cozen O'Connor on

On January 20, 2025, President Trump issues six executive orders covering immigration policy decisions. A summary of these executive orders follows. This executive order ends birthright citizenship for those infants who: (1)...more

Freeman Law

Posts, Profits, & Penalties | Tax Law & Social Media | Part 1

Freeman Law on

A popular social media platform has been a hot topic for lawmakers, the media, and its users recently, and what a better way to kick off this series than to provide a summary and update of its status in the United States....more

Jackson Lewis P.C.

Supreme Court Won’t Consider Federal Contractor Minimum Wage Mandate

Jackson Lewis P.C. on

The Supreme Court on Monday, Jan. 13, 2025, declined to take up a decision addressing the president’s authority under the Procurement Act to issue a minimum wage mandate for employees working on federal government contracts....more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Perkins Coie

Federal Contractors in Limbo After Vaccine Mandate Nationwide Injunction Is Narrowed

Perkins Coie on

A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more

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