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Rulemaking Process Appeals Biden Administration

Mintz

Eighth Circuit Holds SEC Climate Rule Litigation in Abeyance

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On April 24, 2025, the Eighth Circuit ordered that the litigation over the validity of the SEC's climate disclosure rule be “held in abeyance.” This order was in response to a submission by a coalition of blue states that...more

Fox Rothschild LLP

EPA Requests Additional 30-Day Abeyance in PFAS Drinking Water Rule Litigation

Fox Rothschild LLP on

On April 8, 2025, the U.S. Environmental Protection Agency (EPA) requested the U.S. Court of Appeals for the D.C. Circuit extend the abeyance in the challenge to EPA’s Final Rule establishing PFAS MCLs. The petitioners and...more

Jackson Lewis P.C.

Trump DOL Signals a Back-off from Defending Independent Contractor Rule

Jackson Lewis P.C. on

The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

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This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Mintz

The Supreme Court surprised many observers with this Clean Water Act decision but it may not mean what some observers think it...

Mintz on

Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

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As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

WilmerHale

OSHA Publishes COVID19 "Vaccine or Test" Mandate for Employers

WilmerHale on

On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more

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