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Rulemaking Process Regulatory Authority

UB Greensfelder LLP

FTC’s Proposed “Click-to-Cancel” Rule Struck Down by Eighth Circuit

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On July 8, 2025, less than a week before the “click-to-cancel” rule would have gone into effect, the United States Court of Appeals for the Eighth Circuit struck down the proposed rule (Custom Communications, Inc. v. Federal...more

MG+M The Law Firm

Wisconsin Supreme Court Ruling on PFAS Leaves Businesses Vulnerable and Overextends Agency Power

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In a contentious 5–2 decision, the Wisconsin Supreme Court has dealt an unprecedented blow to the state’s business and manufacturing sector by ruling that the Department of Natural Resources (DNR) can force cleanup of PFAS...more

Warner Norcross + Judd

OSHA Proposes Rule Excluding Inherently Risky Professional Activities from Scope of General Duty Clause

Last week, the Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking (Proposed Rule) to clarify the application of the General Duty Clause of the Occupational Safety and Health Act to...more

Venable LLP

Eighth Circuit Cancels FTC Negative Option Rule: What Does It Mean?

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The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (often referred to as the “Click-to-Cancel” rule) on July 8, just days...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EPA’s 2024 Asbestos Ban Paused as Fifth Circuit Grants Abeyance for Rule Reconsideration

The U.S. Environmental Protection Agency’s (EPA) 2024 ban on chrysotile asbestos, a landmark regulatory action under the Toxic Substances Control Act (TSCA), is now subject to significant delay following legal challenges and...more

Bergeson & Campbell, P.C.

[Webinar] Loper Bright: Has the Demise of Chevron Deference Mattered? - July 15th, 11:00 am - 12:00 pm EDT

Bergeson & Campbell, P.C. (B&C®) is pleased to present “Loper Bright: Has the Demise of Chevron Deference Mattered?,” a complimentary webinar reviewing changes to Toxic Substances Control Act (TSCA) determinations in light of...more

Stinson LLP

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

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On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under...more

MG+M The Law Firm

EPA Moves to Repeal Biden–Harris-Era Power Plant Emissions Rules

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On June 11, 2025, the US Environmental Protection Agency, under Administrator Lee Zeldin, proposed repealing two key Biden–Harris-era rules targeting greenhouse gas and air toxic emissions from fossil fuel–fired power plants....more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy

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This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Morrison & Foerster LLP

A Hard Reset on 1033?: A Look at What’s Next for Open Banking

The financial services industry generally, and data aggregators specifically, have watched intently as the Trump administration has altered the course of the Consumer Financial Protection Bureau (CFPB or “Bureau”), in an...more

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

Baker Botts L.L.P. on

On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

Epstein Becker & Green

A Final Rule Bites the Dust, Part II: FDA Gives up on Regulating LDTs as Medical Devices

As the song goes, the Food and Drug Administration’s (“FDA’s”) 2024 Final Rule regulating laboratory-developed tests (“LDTs”) as medical devices (“Final Rule”), is not merely dead—it’s really most sincerely dead....more

Cooley LLP

Cooley Advisory: FCC About to Have Only Two Commissioners (Less Than a Quorum)

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Federal Communications Commission (FCC) Commissioner Nathan Simington announced yesterday that he will resign his seat at the FCC on Friday, June 6, and Democratic Commissioner Geoffrey Starks announced that he also will...more

Troutman Pepper Locke

FERC Reaffirms MISO Interconnection Queue Cap on Rehearing

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On May 27, 2025, FERC addressed arguments raised on rehearing of a January 30, 2025 order, which accepted the Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to modify its generator interconnection study...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Limits Scope of NEPA Reviews, Reinstates Approval of Uinta Basin Railway

In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more

Baker Botts L.L.P.

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

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Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more

Mayer Brown

Governo de Minas Gerais cria agência reguladora de Transportes

Mayer Brown on

O Governo do Estado de Minas Gerais deu um passo significativo no fortalecimento do marco regulatório do setor de transportes ao aprovar a instituição da Agência Reguladora de Transportes do Estado de Minas Gerais (Artemig) e...more

Clark Hill PLC

The demise of “Chevron Deference” on the federal level has also arrived in the Arizona state courts

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Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,...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

Morgan Lewis - Power & Pipes

Pennsylvania PUC Final Policy Statement on Utility Rate Design for EV Charging Becomes Effective

In November 2023, the Pennsylvania Public Utility Commission (PUC) issued a proposed policy statement to encourage Pennsylvania’s electric distribution companies (EDCs) to develop distribution and default service rate...more

Cozen O'Connor

Republican AGs Urge EPA to Recognize Greater State Control over Waterways

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A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies...more

Mintz - Health Care Viewpoints

Deregulatory Push by Trump Administration Picks Up Speed

It’s no secret that President Trump, his Cabinet, and other executive branch leaders are prioritizing deregulatory activities over more historical federal governance approaches. Indeed, one of President Trump’s earliest...more

Allen Matkins

White House Council on Environmental Quality Releases Draft NEPA Template Following CEQ’s Rescission of Longstanding Regulations

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Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...more

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