News & Analysis as of

Rulemaking Process Enforcement Actions

Fox Rothschild LLP

EPA Keeps MCL for PFOA and PFOS, Extends Compliance Deadline, and Intends to Rescind MCL for PFHxS, PFNA, GenX, and PFBS

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EPA announced on May 14, 2025 that it will maintain the Maximum Contaminant Level (“MCL”), also known as the national primary drinking water standard, for two PFAS, perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

Sheppard Mullin Richter & Hampton LLP

Oregon Suit Muddies Crypto Regulatory Landscape

On April 18, 2025, the State of Oregon brought a civil enforcement action against Coinbase Global, Inc. (“Coinbase”) for the alleged sale of unregistered securities. In a press release, Oregon Attorney General Dan Rayfield...more

Epstein Becker & Green

DOL Shelves Independent Contractor Rule

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On May 1, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (Division) issued Field Assistance Bulletin (FAB) No. 2025-1 (“FAB 2025-1”), announcing that it is currently working to reformulate the test as to...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

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In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Brownstein Hyatt Farber Schreck

CFPB Changes Approach to Guidance

On May 12, 2025, the Consumer Financial Protection Bureau (CFPB) announced a sweeping withdrawal of 67 guidance documents issued since the CFPB’s inception, signaling a marked shift in its regulatory approach. This move...more

Ballard Spahr LLP

CFPB won’t prioritize BNPL enforcement

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The CFPB will not make enforcement of its Buy Now, Pay Later rule a priority, according to a recent statement....more

Troutman Pepper Locke

CFPB Rescinds Dozens of Regulatory Guidance Documents in Major Regulatory Shift

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The Consumer Financial Protection Bureau (CFPB or Bureau) announced the withdrawal of 67 regulatory guidance documents, including interpretive rules, policy statements, and advisory opinions that have been issued since the...more

Holland & Knight LLP

CFPB Seeks Dismissal of Pending UDAAP Examination Manual Litigation

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The CFPB on April 30, 2025, filed a joint stipulation to dismiss its appeal pending before the U.S. Court of Appeals for the Fifth Circuit regarding an agency policy that expands the scope of antidiscrimination oversight....more

Troutman Pepper Locke

FERC Enforces “Rule of Reason,” Requiring CAISO to Embed Business Practice Manual Provision in Tariff

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On April 29, 2025, FERC partially granted rehearing in the case of Cometa Energia, S.A. de C.V. (“Saavi”) against the California Independent System Operator Corporation (“CAISO”), finding a provision of CAISO’s Business...more

Troutman Pepper Locke

Update on FTC’s CARS Rule

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As of April 27, 2025, the Federal Trade Commission (FTC) had not filed a petition for a writ of certiorari to appeal the Fifth Circuit’s decision vacating the Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The...more

Holland & Knight LLP

CFPB Provides Supervision and Enforcement Reprieve on Small Business Lending Rule

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In connection with its regulation titled "Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)," implementing Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 88 Fed. Reg....more

Bradley Arant Boult Cummings LLP

PART 1: “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement

Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more

Sheppard Mullin Richter & Hampton LLP

CFPB to Revoke Medical Debt Collection Advisory Opinion

On April 11, the CFPB filed a joint motion in the U.S. District Court for the District of Columbia indicating its intent to revoke an advisory opinion on medical debt collection. The Bureau requested a stay of litigation...more

Epstein Becker & Green

Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast

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When businesses face regulatory uncertainty, how can they effectively adapt, respond, and, if necessary, challenge government action? In this episode of Speaking of Litigation, Epstein Becker Green attorneys Mike Brodlieb,...more

Davis Wright Tremaine LLP

New Administration Outlook: What Does the CFPB "Freeze" Mean for Regulations and Pending Litigation? - Update

Treasury Secretary Scott Bessent, the then-acting director of the Consumer Financial Protection Bureau (CFPB), emailed staff on February 3 directing employees to cease all rulemaking activities, delay the implementation of...more

Mayer Brown

A Post-CARS Rule Brake? Not So Fast. Buckle Up for New Regulatory Activity in the Motor Vehicle Space

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The Fifth Circuit vacated the Federal Trade Commission’s (“FTC”) Combating Auto Retail Scams Trade Regulation Rule (“CARS Rule”) on January 27, 2025, determining that the FTC failed to follow its own procedural requirements...more

BakerHostetler

More Scrutiny of California Data Brokers

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As with many other areas of privacy law, it is not surprising that California continues to lead the nation in regulating data brokers – from promulgating new regulations to issuing a cluster of recent settlements. ...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — April 2025

On March 27, 2025, as expected, the SEC under the Trump administration abandoned the climate disclosure rule promulgated by the Biden administration, specifically stating in a court filing that it would no longer defend the...more

Bracewell LLP

SEC Ends Defense of Climate Disclosure Rules

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In March of 2024, we reported on the US Securities and Exchange Commission’s adoption of a comprehensive set of rules governing climate-related disclosures. The rules would require public companies to disclose climate-related...more

Vedder Price

SEC Revokes Enforcement Division's Formal Investigation Authority

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On March 10, 2025, the SEC voted along party lines to amend SEC regulations in order to rescind the SEC’s delegation of authority to the Director of the Division of Enforcement to issue formal orders of investigation. The SEC...more

Troutman Pepper Locke

FERC Accepts SPP’s Tariff Revisions Incorporating a Mark-to-Auction Mechanism for SPP’s Transmission Congestion Rights Market

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On March 20, 2025, FERC approved Southwest Power Pool, Inc.’s (“SPP”) tariff revisions to incorporate a mark-to-auction collateral requirement for SPP’s Transmission Congestion Rights (“TCR”) market. In doing so, FERC found...more

Jones Day

The CFTC is Off to a Fast Start Under Acting Chairman Pham

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In a break from the typical acting agency chairman, Acting Commodity Futures Trading Commission ("CFTC") Chairman Caroline Pham has taken several significant actions, signaled several more, and set the agency on a path to...more

Nelson Mullins Riley & Scarborough LLP

No Soup for You - SEC Commissioners Revoke Authority of Director of Enforcement to Launch Investigations

In a famous Seinfeld episode, a master soup maker had strict rules for ordering his delicious confections.  A violation of his rules, resulted in “No soup for you!”...more

Kelley Drye & Warren LLP

Fraud Prevention, Worker Protection, and Fighting Alleged Big Tech Censorship: A Roundup of the New FTC’s Agenda after the First...

Wednesday, we covered President Trump’s firing of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter and explored whether a two-member Commission constitutes a quorum for the agency to take formal action....more

Venable LLP

FTC Files Brief Defending “Click to Cancel” Negative Option Rule

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Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more

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