News & Analysis as of

Judicial Review

Miles & Stockbridge P.C.

Federal District Court Strikes Down FTC’s Enhanced Premerger Filing Requirements

A federal district court judge in Texas has invalidated the Federal Trade Commission’s (FTC’s) revised premerger notification requirements under the Hart-Scott-Rodino Act (HSR), representing a potentially significant shift in...more

Morrison & Foerster LLP

Court Vacates the 2024 FTC HSR Filing Rule

On February 12, 2026, Judge Jeremy Kernodle of the United States District Court for the Eastern District of Texas struck down the Federal Trade Commission’s expanded Hart-Scott-Rodino (HSR) Act filing requirements that went...more

Orrick, Herrington & Sutcliffe LLP

CFPB union urges D.C. Circuit to uphold injunction blocking the Bureau’s shutdown

On February 2, the union representing CFPB employees filed an en banc brief in the U.S. Court of Appeals for the D.C. Circuit, urging the court to uphold the district court’s preliminary injunction preventing the executive...more

Sheppard Mullin Richter & Hampton LLP

Federal Courts Push Back: Three Decisions Chart a Path for Challenging Administrative Subpoenas

Administrative subpoenas have long been a powerful tool in the federal government’s investigative arsenal. Issued without prior judicial approval and requiring only minimal procedural safeguards, these demands for documents...more

Bradley Arant Boult Cummings LLP

What Importers Need to Know as the Supreme Court Decides the Fate of IEEPA Tariffs

The U.S. Supreme Court is currently considering consolidated cases that will determine whether President Trump has authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs....more

Goodwin

EU Court Confirms That National Competition Authorities Have Flexibility to Extend Antitrust Deadlines

Goodwin on

European competition investigations seldom unfold in straight lines. They expand, contract, and change direction as new facts surface and new actors enter the frame. ...more

Blake, Cassels & Graydon LLP

La Cour d’appel fédérale confirme le décret désignant les articles manufacturés en plastique comme substances toxiques

Le 30 janvier 2026, la Cour d’appel fédérale (la « Cour d’appel ») a rendu une décision unanime dans l’affaire Canada (Procureur général) c. Coalition pour une utilisation responsable du plastique, rejetant la demande de...more

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

PSD/Clean Air Act: EarthJustice Judicial District Court Petition Challenging Extension for St. James Parish, Louisiana Chemical...

EarthJustice and several other organizations filed a February 5th Petition for Judicial Review (“Petition”) in the 19th Judicial District Court/Parish of East Baton Rouge appealing the Lousiana Department of Environmental...more

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

Nutrients/Montana Water Quality Standards: Upper Missouri Waterkeeper Judicial Action Challenging U.S. Environmental Protection...

The Upper Missouri Waterkeeper and two other organizations filed a January 26th Complaint in the United States District Court of Montana challenging the U.S. Environmental Protection Agency's (“EPA”) decision approving...more

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

Freedom of Information Act/U.S. Environmental Protection Agency: Public Employees for Environmental Responsibility Judicial Action...

The Public Employees for Environmental Responsibility (“PEER”) filed a February 4th Complaint in the United States District Court for the District of Columbia against the United States Environmental Protection Agency (“EPA”)...more

Morrison & Foerster LLP - Government...

Court Rejects Conclusory Evaluation in Federal Supply Schedule Procurement

Procuring agencies enjoy considerable discretion when evaluating proposals, assigning strengths, and determining best value. In streamlined acquisitions, such as orders and blanket purchase agreements (BPAs) under the Federal...more

Beveridge & Diamond PC

New Jersey EJ Rules Withstand Judicial Review

The New Jersey Department of Environmental Protection’s (NJDEP) implementing regulations for the state’s landmark 2020 environmental justice law (EJ Law) have withstood appellate court scrutiny. In response to two...more

Blake, Cassels & Graydon LLP

Federal Court of Appeal Upholds Order Designating Plastics as Toxic Substances

On January 30, 2026, the Federal Court of Appeal (Court of Appeal) released its unanimous decision in Canada (Attorney General) v. Responsible Plastic Use Coalition, overturning the Federal Court’s November 2023 ruling (2023...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2026 - Mercosur Update

Let’s rewind to December 6, 2024. A deal more than 25 years in the making, covering over 700 million people and a combined GDP approaching $22 trillion, became realized. Since then, the agreement has made notable...more

Constangy, Brooks, Smith & Prophete, LLP

TPS work authorization for Haiti, other countries preserved while challenges proceed

TPS continues for now. On Monday, a federal judge in the District of Columbia ruled that Temporary Protected Status for Haitian nationals will remain in place. However, we do expect the U.S. Department of Homeland...more

Proskauer - Labor Relations Update

Denied: Full D.C. Circuit Declines To Review Former NLRB Member Wilcox’s Suit Challenging Her Termination

On January 28, 2026, the D.C. Circuit declined former National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox’s request for en banc review of its prior decision upholding her termination...more

Smart & Biggar

Federal Court confirms test for leave to file new evidence in appeal from Opposition Board Decision

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As of April 1, 2025, subsection 56(5) of the Trademarks Act requires parties to obtain leave to file additional evidence on appeal from decisions of the Registrar of Trademarks (the “Registrar”), which include decisions of...more

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

Section 401/Clean Water Act: South Carolina Supreme Court Addresses Challenge to Natural Gas Pipeline Water Quality Certification

The Supreme Court of South Carolina (“SCT”) addressed in a January 28th Opinion an issue arising out of Section 401 of the Clean Water Act. See Blue Ridge Environmental Defense League v. South Carolina Department of...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Unstated Evaluation Criteria, Record Redactions, Corrective Action

The December 2025 Bid Protest Spotlight focuses on recent decisions of the Government Accountability Office (GAO) and the Court of Federal Claims. Solvere Technical Group, LLC - In Solvere Technical Group, LLC, the GAO...more

Miller Starr Regalia

Third District Affirms Judgment Upholding American Canyon’s for EIR Industrial Warehouse Project and Related WSA Against Vallejo’s...

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In a published opinion filed January 14, 2026, the Third District Court of Appeal affirmed the Sacramento County Superior Court’s judgment denying the City of Vallejo’s (“Vallejo”) writ petition challenging the City of...more

Ballard Spahr LLP

Supreme Court Hears Arguments Regarding President Trump’s Attempt to Remove Lisa Cook from the Fed Board of Governors

Ballard Spahr LLP on

The U.S. Supreme Court recently heard oral arguments in Trump v. Cook, involving the issue of whether the President may remove Lisa Cook as a member of the Board of Governors of the Federal Reserve Board. Board Members may be...more

Dickinson Wright

Late Applications for Leave to Appeal: Don’t Underestimate the Need to Explain the “Reasons for the Delay”

Dickinson Wright on

Under the Michigan Court Rules, a party who has failed to timely file a claim of appeal (or application for leave to appeal if the judgment or order was not appealable as of right) has the option of filing a late appeal....more

Hanson Bridgett

What the Building an Affordable California Act Means, Practically

Hanson Bridgett on

On December 26, 2005, the California Chamber of Commerce received an official Title & Summary from the Attorney General’s office for the Building an Affordable California Act (referred to here as the “Affordable CA”), and...more

Latham & Watkins LLP

UK Government Consults on Significant Legislative Changes to Merger Control Regime

Latham & Watkins LLP on

The consultation aims to make jurisdictional thresholds more predictable, enhance the CMA’s political accountability, and improve interactions between businesses and the regulator....more

Ice Miller

Navigating Administrative Land Use Decisions in Ohio

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As many developers know, administrative approval of a request from a local zoning board can be an important step to making sure your project is approved in the timely manner that you desire....more

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