News & Analysis as of

Policy Memorandums

U.S. Environmental Protection Agency Withdrawal of "Once In, Always In" Policy: California Attorney General D.C. Circuit Court of...

The California Attorney General filed an April 10th Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging a recently issued United States Environmental...more

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

U.S. Environmental Protection Agency "Once In, Always In" Policy Change: Environmental Organizations File Judicial Challenge

A number of environmental organizations filed a March 26th Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging a recently issued United States Environmental...more

Is Your Proposed Project a Major Modification? Take Note! The Air Permitting Analysis Just Changed.

by Pierce Atwood LLP on

A new policy memorandum from Environmental Protection Agency (EPA) Administrator Scott Pruitt will impact one of the most common, complex, and fundamental questions regarding air permitting: Will my proposed project be...more

USCIS: Are Your Signatures Valid?

by Ballard Spahr LLP on

Starting March 18, the U.S. Citizenship and Immigration Services (USCIS) will require individuals who are submitting an application, petition, request, or other documents to provide a "valid" signature on forms filed with the...more

EPA Reverses Obama-Era Interpretation of New Source Review Major Source Trigger

by Morgan Lewis on

A new policy memorandum means that some proposed projects at large-emitting facilities would not be subject to major clean air new source review obligations. ...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Defending False Claims Act Cases: Two New Tools Under the Trump Administration

by Foley Hoag LLP on

Earlier this year, the Department of Justice, Civil Division, issued two policy memos that will directly affect its civil enforcement priorities, particularly with regard to healthcare and life sciences companies. The first...more

The CFPB Under New Leadership: What to Expect in 2018

by Pepper Hamilton LLP on

Speculation about the future of the Consumer Financial Protection Bureau (CFPB) has been ever-present since Donald Trump’s victory in the 2016 Presidential election was first announced. Originally published in Delaware...more

DOJ Memoranda Encourage Dismissal of Declined False Claims Act Cases and Prohibit Government Reliance on Noncompliance with Agency...

by Farrell Fritz, P.C. on

The Department of Justice issued two memoranda at the start of 2018 that may have important effects on health care fraud investigations and prosecutions under the False Claims Act. ...more

Recent Agency Memoranda Impact Enforcement Of Environmental Violations

by Husch Blackwell LLP on

The U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice (“DOJ”) have recently issued memoranda concerning civil enforcement of violations, including violations of environmental laws. The January...more

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are...more

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents - New Justice Department Policy Could Aid Employers Defending...

by Fisher Phillips on

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The...more

Three Important Memos Affecting EPA Enforcement Actions

by Jackson Walker on

Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more

Environmental Enforcement Actions Could be Curtailed by New DOJ Policy

by Robinson & Cole LLP on

In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more

EPA Guidance Documents Are Not Enforceable Rules Says DOJ

by Miles & Stockbridge P.C. on

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

General Counsel Memorandum Maps New Direction for the National Labor Relations Board (NLRB)

by Robinson & Cole LLP on

On December 1, 2017, recently appointed General Counsel Peter B. Robb (“Robb”) of the National Labor Relations Board (“the Board”) issued a memorandum outlining the direction he intends to guide the prosecutorial arm of the...more

Reading Between The Lines: EPA And DOJ Make Subtle Enforcement Changes That Could Be “Huge”

by Pierce Atwood LLP on

The Trump Administration is making what might appear to be subtle changes in federal enforcement policies that have the potential to significantly shift environmental enforcement as prescribed by the prior administration. ...more

Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum

by Farrell Fritz, P.C. on

As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th of this year. The Cole Memorandum had served to formally announce the DOJ’s policy that it would...more

New DOJ Guidance Portends New Defenses in False Claims Act Cases

Last week, the Department of Justice (DOJ) issued two separate memoranda with potentially far-reaching consequences. While the practical effect of these documents remains to be seen, they may provide another avenue of...more

Has the DOJ Signaled a More Critical Approach to FCA Cases?

Defendants have faced an ever increasing number of qui tam actions, yet the government has historically declined to seek dismissal of those actions where it declined to intervene. ...more

New NLRB Decisions Favor Employers

by Akerman LLP - HR Defense on

With the change to a Republican President and the appointment of new NLRB members, the expectation that more pro-employer decisions will be issued has begun. Several NLRB decisions have re-established prior labor law...more

Attorney General Jeff Sessions Rescinds Cole Memo

by Moskowitz LLP on

The 2013 Cole Memo was a significant step forward for the cannabis industry, providing practical and useful guidelines to keep the federal government from pursuing prosecutions in states that have legalized marijuana –...more

Labor & Employment E-Note - January 2018

by Burr & Forman on

As you have likely seen by now, December was quite a busy month for the National Labor Relations Board ("the Board"). The Board issued major decisions affecting employers, and Peter Robb, the new General Counsel for the...more

Health Care E-Note - January 2018

by Burr & Forman on

In an article published by the Medical Association of the State of Alabama on January 4, 2018, Birmingham Counsel Adam Overstreet discusses the new Department of Justice initiative on investigating and prosecuting pain...more

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