Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act
President Donald Trump issued an executive order (EO) titled "Zero-Based Regulatory Budgeting to Unleash American Energy" that directs the Federal Energy Regulatory Commission (FERC) and three other federal agencies to...more
Our Health Care and Health Care Litigation Groups examine a policy move by the Department of Health and Human Services (HHS) that will allow the department to forgo notice and comment procedures for many of its regulations....more
The Congressional Review Act (CRA) provides an expedited process by which Congress can adopt a resolution of disapproval that overturns agency rulemakings, guidance, and similar decisions. At the start of the first Trump...more
On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from...more
A regulation adopted by the Department of Justice (“DOJ”) late in the Trump administration prohibiting settlement payments to third parties continues to be an impediment to possible environmental justice consent decrees in...more
With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more
In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more
In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers...more
Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...more
Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more
The EPA has issued a rule requiring all significant agency guidance to undergo a public notice and comment process prior to issuance, modification or withdrawal (Rule). The new Rule was adopted pursuant to Executive Order...more
On May 19, 2020, the Environmental Protection Agency (“EPA”) released a proposed rulemaking that would codify the EPA’s practice under the Trump administration’s Executive Order 13891 “Promoting the Rule of Law Through...more
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
U.S. and Chinese trade negotiators are “laying the groundwork for a delay of a fresh round of tariffs set to kick in on Dec. 15” as the countries continue to work through how a Chinese promise to make huge ag purchases from...more
Meant to enhance fairness and transparency in federal administrative enforcement, the new presidential EOs will significantly affect the practice of administrative law. Two recent Executive Orders will curtail use of...more
On October 9, 2019, President Trump issued an Executive Order aimed to curb agencies, such as CMS, from using informal guidance documents as de facto rules that have the binding effect of law. In a press conference...more
The Situation: Almost all Chinese-origin products imported into the United States may soon be subject to additional 25 percent duties pursuant to Section 301 of the Trade Act of 1974. The Developments: The U.S. Trade...more
On May 13, 2019, the Office of the United States Trade Representative (“USTR”) publicly released a notice of the Trump Administration’s intention to subject another US$300 billion in annual U.S. imports of Chinese-origin...more
On May 13, the Office of the US Trade Representative (USTR) released another list of Chinese products that may become subject to an additional duty of up to 25% ad valorem, pursuant to Section 301 of the Trade Act of 1974....more
The Office of the United States Trade Representative (“USTR”) on May 13, 2019, released a list of $300 billion of Chinese imports that it is proposing to be subject to 25 percent duties. The announcement follows a May 5,...more
• Following a setback in U.S.-China trade negotiations, the USTR has increased the Section 301 List 3 additional duty rate on $200 billion of Chinese-origin products from 10% to 25% (the rate already in effect for $50 billion...more
The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more
Nearly 800,000 DACA recipients have been left in limbo while the federal government wrestles with their status. DACA, or Deferred Action for Childhood Arrivals, was implemented in 2012 through an Obama-era Executive Order and...more
On March 21, 2018, EPA lost yet another regulatory delay case. After the Obama EPA promulgated rules updating requirements concerning certification and use of “restricted use pesticides” in January 2017, the Trump EPA...more
Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more