News & Analysis as of

Final Rules Remand

Bergeson & Campbell, P.C.

EPA Argues for Remand of Final Rule Amending Risk Evaluation Framework

On March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3, 2024, final rule amending the procedural...more

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

Eighth Circuit Rules States May Challenge PWFA’s Inclusion of Abortion as a ‘Related Medical Condition’

Seventeen Republican-led states can continue their lawsuit challenging parts of the federal Pregnant Workers Fairness Act (PWFA) after the U.S. Court of Appeals for the Eighth Circuit recently ruled the states have standing...more

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

2024 PTAB Year in Review: Analysis & Trends – 2024 PTAB Case Highlights

Abuse of Process and/or Sanctions – 37 C.F.R. § 42.12 - Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC, IPR2021-00847, IPR2021-00850, IPR2021-00854, IPR2021-00857 & IPR2021-00860 - Decision...more

Foley Hoag LLP - Public Companies & the Law

Fifth Circuit Vacates SEC Buyback Disclosure Rule

On December 19, 2023, the Fifth Circuit Court of Appeals vacated the SEC’s share repurchase disclosure rule, which required issuers to: (i) report daily aggregate share repurchase data on a quarterly basis, (ii) indicate if...more

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

Rusty Patched Bumble Bee/Endangered Species Act: Federal Court Addresses U.S. Fish and Wildlife Services Denial of Critical...

The United States District Court for the District of Columbia (“Court”) in an August 11th Memorandum Opinion (“Opinion”) addressed an issue arising under the Endangered Species Act (“ESA”). See Natural Resources Defense...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upholds ACA Risk Adjustment Program

Various smaller health insurance issuers have challenged the risk-adjustment program under the Patient Protection and Affordable Care Act (ACA), alleging, among other things, that its underlying methodology favors larger...more

Bergeson & Campbell, P.C.

Court Grants EPA’s Motion to Vacate and Remand Final Rule on “Strengthening Transparency in Pivotal Science Underlying Significant...

On February 1, 2021, the U.S. District Court for the District of Montana granted the U.S. Environmental Protection Agency’s (EPA) January 31, 2021, unopposed motion to vacate and remand its January 6, 2021, final rule on...more

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

U.S. District Court Vacates Parts of New NLRB Election Rules and Remands Non-Vacated Parts for Reconsideration

In an abbreviated order issued on May 30, 2020, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) improperly implemented portions of the...more

K&L Gates LLP

K&L Gates Triage: Recent Developments Impacting Drug Pricing and the 340B Program: Part 2

K&L Gates LLP on

In Part Two of this two-part series on recent developments in pharmacy law and the 340B drug pricing program, Richard Church and Ryan Severson discuss several recent developments related to the 340B drug pricing program,...more

King & Spalding

Federal Court Declines to Vacate Secretary’s Ultra Vires 340B Rate Cut and Remands to CMS to Fashion Proper Remedy

King & Spalding on

In a long-awaited ruling, on May 6, 2019, Judge Rudolph Contreras of the U.S. District Court for the District of Columbia declined to vacate the Secretary’s CYs 2018 and 2019 Outpatient Prospective Payment System (OPPS)...more

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

Latham & Watkins LLP on

On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

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