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Rulemaking Process › Lack of Authority

Ballard Spahr LLP

CFPB issues overdraft rule prior to administration change

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The CFPB has issued its long-awaited final rule that covers overdraft policies at financial institutions with at least $10 billion in assets. The final rule offers those financial institutions three options for designing...more

MG+M The Law Firm

Did EPA Violate Statutory Authority in Promulgating PFAS MCLs?

MG+M The Law Firm on

On October 7, 2024, two groups of plaintiffs challenged the United States Environmental Protection Agency’s (EPA) April 26, 2024, rule that established Maximum Contaminant Levels (MCLs) for certain per-and polyfluoroalkyl...more

Whiteford

Employment Law Update: NLRB News You Should Know - THE JOINT EMPLOYER RULE ON HOLD, AGAIN

Whiteford on

In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with...more

Dorsey & Whitney LLP

Court Invalidates Final Rule Requiring Advertisements to List Drug Prices Finding that CMS Exceeded Its Statutory Authority

Dorsey & Whitney LLP on

In a much anticipated decision, a federal judge ruled this week that the Trump Administration’s rule requiring drug manufacturers to list drug prices in television advertisements exceeds the agency’s authority. Back in May...more

Holland & Knight LLP

Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

Holland & Knight LLP on

In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

Roetzel & Andress

Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes

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The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”)...more

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