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Rulemaking Process Statutory Interpretation Constitutional Challenges

Snell & Wilmer

Agencies to Use Good Cause Exception to Repeal Illegal Regulations

Snell & Wilmer on

Recently, President Donald Trump directed agencies to take steps to immediately repeal illegal regulations under the good cause exception to the notice-and-comment requirement. Because this latest effort could have...more

Wiley Rein LLP

Trump Directs Agencies to Quickly Repeal Unlawful Regulations, Without Notice-and-Comment

Wiley Rein LLP on

On April 9, 2025, President Trump signed a Presidential Memorandum (Memorandum) entitled Directing the Repeal of Unlawful Regulations. The Memorandum – part of a broader “Department of Government Efficiency” Deregulatory...more

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

ArentFox Schiff

Executive Orders – One of the Building Blocks of Federal Action

ArentFox Schiff on

Every president since George Washington has used the power of the executive order to achieve policy goals, set uniform standards for managing the executive branch of government, or influence the behavior of private citizens....more

Ballard Spahr LLP

What the D.C. Circuit’s PHH decision means for CFPB rulemaking

Ballard Spahr LLP on

In its decision last week in PHH Corporation v. CFPB, the D.C. Circuit ruled that the CFPB’s single-director-removable-only-for-cause structure is unconstitutional. While the D.C. Circuit (in footnote 19) noted that it “need...more

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