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Rulemaking Process › Appeals › Arbitrary and Capricious

Troutman Pepper Locke

Fifth Circuit Vacates FTC’s CARS Rule

Troutman Pepper Locke on

Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion vacating the Federal Trade Commission’s (FTC) Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The decision came in...more

King & Spalding

New Kidney Transplant Allocation Policy Survives Eighth Circuit Legal Challenge

King & Spalding on

On November 8, 2021, the Eighth Circuit affirmed a district court order that denied an attempt to preliminarily block the Organ Procurement and Transplant Network’s (OPTN) policy changing the manner in which donor kidneys are...more

Goodwin

Financial Services Weekly Roundup: Madden Fix/Valid When Made Rule Faces New Challengers

Goodwin on

In the News. On the heels of a lawsuit challenging the Office of the Comptroller of the Currency’s (OCC) recently issued Madden fix/valid when made rule, eight state attorneys general filed suit challenging a similar rule...more

Schwabe, Williamson & Wyatt PC

Supreme Court Upholds Spokane Instream Flow Rule Based on Protection of Fish Habitat

Schwabe, Williamson & Wyatt PC on

A unanimous Washington State Supreme Court recently upheld the Spokane River instream flow rule, WAC 173-557-050, in the face of a challenge brought by environmental and recreation groups. The challengers argued that the...more

McDermott Will & Emery

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

McDermott Will & Emery on

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

Baker Donelson

Challenges to Medicare's Outlier Payment Rules - the Secretary Largely Prevails

Baker Donelson on

As we reported in an earlier Payment Matters article, the United States Court of Appeals for the District of Columbia Circuit handed hospitals a partial victory on May 19, 2015, in their challenge to Medicare outlier payments...more

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