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Constitutional Challenges Public Health

Jones Day

Environmental Groups Sue New York to Implement Greenhouse Gas Reduction Law

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On March 31, 2025, a coalition of environmental groups in New York filed a lawsuit to compel the New York Department of Environmental Conservation ("DEC") to issue regulations implementing the Climate Leadership and Community...more

Mintz - Health Care Viewpoints

Twenty States Sue the Trump Administration for HHS Program Eliminations and Staff Layoffs

Nineteen states plus the District of Columbia filed a federal Complaint in U.S. District Court for the District of Rhode Island on May 5, 2025 alleging that the Trump Administration’s recent activities to downsize and...more

Cozen O'Connor

HHS Advocates Mandated Placebo-Controlled Trials for New Vaccines: Implications for Clinical and Regulatory Practice

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The Department of Health and Human Services (“HHS”) recently proposed a policy that would require all new vaccines to undergo placebo-controlled clinical trials prior to FDA approval. The proposal, while controversial, is...more

Downey Brand LLP

Court Overturns Prop 65 Acrylamide Warning

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On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

Troutman Pepper Locke

New Executive Order Challenges State Climate Laws

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Challenging a slew of state climate-related laws and programs, President Trump’s April 8, 2025 executive order (EO) set the stage for more legal fights between the federal government and states. In the new EO, “Protecting...more

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

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Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more

Jones Day

U.S. Supreme Court Limits EPA Clean Water Act Permitting Authority

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On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Cole Schotz

The Third Circuit Gives Out-of-Staters Something to Wine About

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On February 28, 2025, the Third Circuit upheld a New Jersey law that bars the sale of out-of-state wine to New Jersey consumers without a license. The state law in question allows only sellers with a physical presence in New...more

Snell & Wilmer

Arizona’s 15-Week Abortion Ban Declared Unconstitutional

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On Wednesday, March 5, 2025, a Maricopa County Superior Court judge permanently blocked Arizona’s 15-week abortion ban and ruled that the former law is unconstitutional. The 15-week ban was passed by the Arizona...more

Snell & Wilmer

Nationwide Preliminary Injunction Issued on Executive Order Limiting Gender-Affirming Care

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On March 4, 2025, a federal judge in Maryland issued a preliminary injunction to an executive order restricting access to gender-affirming care for individuals under the age of nineteen (the Executive Order)....more

Weintraub Tobin

President Signs Executive Order To Study IVF Policy Protections Forecasting Possible Future Federal Safeguards for California IVF...

Weintraub Tobin on

On February 18, 2025, President Donald Trump signed an executive order to study policy recommendations to protect access to in vitro fertilization (IVF) and to reduce their associated costs. While headlines about the order...more

Akin Gump Strauss Hauer & Feld LLP

Protecting Children from Chemical and Surgical Mutilation (Trump EO Tracker)

Summary - The Executive Order announces that the United States "will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another and will rigorously enforce all laws that...more

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

Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs/White House Office of Management and Budget...

The White House Office of Management and Budget (“OMB”) issued a January 27th Memorandum for heads of executive departments and agencies addressing: Temporary Pause of Agency Grant, Loan, and Other Financial Assistance...more

BakerHostetler

Federal Court Blocks FDA’s Graphic Cigarette Warning Rule: The Limits of Regulatory Authority

BakerHostetler on

On Monday, a federal judge from the Eastern District of Texas, Judge J. Campbell Barker, ruled that the U.S. Food and Drug Administration (FDA) exceeded its authority under the Tobacco Control Act by requiring cigarette...more

Holland & Knight LLP

Holland & Knight Health Dose: January 21, 2025

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Holland & Knight Health Dose Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector....more

Ropes & Gray LLP

2024 FDA Enforcement Review: Quality and Transparency Remain Critical Concerns

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The U.S. Food and Drug Administration (“FDA”), in partnership with the Department of Justice (“DOJ”), pursued significant and, in some cases, precedent-setting enforcement actions in 2024. The government continued to...more

Troutman Pepper Locke

Oregon Appeals Court Rules E-Cigarette Packaging Restrictions Unconstitutional

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In October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #3

This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

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The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

Cadwalader, Wickersham & Taft LLP

Montana Court Finds State Energy Policy Unconstitutional

As we touched on last week, on August 14, the Montana First Judicial District Court, Lewis and Clark County, entered its Findings of Facts and Conclusions of Law in Held v. State of Montana, et al. striking down certain...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - April 2023

FDA Proposes Changes to Standards of Identity for Foods Including Salt- The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...more

Cadwalader, Wickersham & Taft LLP

Montana Residents Challenge State Energy Policy as Unconstitutional

A trial has been scheduled for June 12 in a case involving climate-related constitutional challenges to actions by the State of Montana, its governor, and various state agencies. In Held v. Montana, sixteen Montana...more

Fisher Phillips

New York’s Mask Mandate Faces Uncertain Future After Court Decisions

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Although a New York State Supreme Court judge just overturned the statewide mask mandate as unconstitutional, that decision was almost immediately paused by an Appellate Judge pending the results of the state’s appeal....more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

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