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Supreme Court of the United States › Regulatory Standards

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Wiley Rein LLP

Federal Cybersecurity Policy in 2025: What to Watch in Changing Times

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Last year we made some predictions about 2024’s cyber landscape and major issues. Several proved prescient, with incident reporting, CISO scrutiny, SEC aggression, and new regulation of various sectors taking shape as the...more

Greenberg Glusker LLP

Beyond Chevron: Courts vs. Agencies in a New Era

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The legal landscape regarding federal agency authority fundamentally changed in 2024 with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This landmark case dismantles the Chevron deference standard,...more

Health Care Compliance Association (HCCA)

The sky is not falling

Health Care Compliance Association (HCCA) on

This summer, the U.S. Supreme Court overruled the Chevron deference in a 6–3 decision, holding that “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” As...more

Williams Mullen

Environmental Notes - October 2024

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EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more

Snell & Wilmer

D.C. Circuit Curbs Department of Transportation’s Pipeline Rules, Further Signaling an Everchanging Approach to the Administrative...

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Last week, the U.S. Court of Appeals for the District of Columbia Circuit vacated a series of regulations passed by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA). The...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds Health Care Provider Challenge to No Surprises Act Regulations

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In a recent win for health care providers, the United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s decision to vacate key portions of regulations issued by the U.S. Departments of Treasury,...more

Chambliss, Bahner & Stophel, P.C.

OCR Finalizes Post-Dobbs HIPAA Regulatory Changes Impacting Health Care Organizations

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On April 22, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced final regulatory updates to the Privacy Rule under the Health Insurance Portability and Accountability Act of...more

Steptoe & Johnson PLLC

Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

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As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...more

Butler Snow LLP

Can What the Supreme Court Said About Device Clearance in Lohr, a “Derelict on the Waters of the Law,” Finally Be Sunk?[1]

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Even though they are still quoted, statements in Medtronic v. Lohr, which question whether FDA (Food & Drug Administration) medical device clearance is a judgment about a device’s safety, no longer accurately describe what...more

Polsinelli

HHS OCR Issues New, Post-Dobbs Guidance

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In the wake of the Dobbs decision, the Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued new guidance regarding the privacy of patients seeking reproductive health care. The guidance...more

Faegre Drinker Biddle & Reath LLP

Another Brick in the Wall: The District Court Finds Preemption in Fosamax Case After Remand From the Supreme Court

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We have written before about the Supreme Court’s impossibility preemption decision, Merck Sharpe & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019) (Albrecht) (here, here, here, and here), highlighting some open questions and...more

Ward and Smith, P.A.

In the Agribusiness Industry? Don't Miss These Three Legal Developments to Keep an Eye On

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The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its lobbying efforts, resources available on its website, and through its...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

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On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Faegre Drinker Biddle & Reath LLP

Preemption Torpedoes State Law Claims against Generics Makers in Zantac MDL

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A judge in the United States District Court for the Southern District of Florida presiding over the In Re: Zantac (Ranitidine) Products Liability Litigation multidistrict litigation, MDL No. 2924, has held that state labeling...more

Ballard Spahr LLP

CFPB Ratifies Most Pre-Seila Law Regulatory Actions

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The CFPB has issued a ratification of “the large majority of its existing regulations” and certain other regulatory actions taken from January 4, 2012 through June 30, 2020 (Ratified Actions). ...more

Hudson Cook, LLP

Update: Supreme Court Declines to Review Web Content Accessibility Suit Against Domino's Pizza

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In the fall of 2018, Microsoft released its Xbox Adaptive Controller, which is made for those with limited mobility. As Microsoft artfully put it in a television commercial advertising the new product, "When everyone plays,...more

Seyfarth Shaw LLP

Federal Website Access Lawsuit Numbers Increase 7 Percent in 2019, With Possible Bump from Supreme Court Denial of Cert in...

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Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018.  Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s...more

Troutman Pepper Locke

Supreme Court Denies Review Of ADA Website Accessibility Case, Leaving Businesses Subject To Ninth Circuit's Guidelines

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The U.S. Supreme Court recently declined to review a Ninth Circuit Court of Appeals ruling that held that the Americans With Disabilities Act (ADA) applies to nongovernmental entity websites that have a nexus to their...more

Seyfarth Shaw LLP

Plaintiff Robles Files His Opposition To Domino’s Petition For Certiorari

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Seyfarth Synopsis: The Supreme Court will decide whether to hear its first website accessibility case now that briefing on Domino’s Petition for Certiorari is complete....more

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Summer 2018

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Read the latest news on antitrust, competition, and economic regulation in this summer edition of our quarterly ACER newsletter. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #2

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Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Upholds FERC Jurisdiction Over Demand Response

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On January 25, 2016, in a 6-2 decision delivered by Justice Kagan, the U.S. Supreme Court upheld the authority of the Federal Energy Regulatory Commission (FERC) under the Federal Power Act to require wholesale market...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Hears Arguments on FERC Demand Response Policy

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The Energy Policy Act of 2005 ("EPAct 2005") established a national policy to encourage reliable and affordable demand response services. Demand response refers to the ability of retail electric customers to reduce or shift...more

Ballard Spahr LLP

Investment Management Update - October 2015

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Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry. Schwab...more

Polsinelli

Health Care and Legal Services Providers Challenge State Regulatory Boards on Heels of SCOTUS State Action Antitrust Immunity...

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On February 25, 2015, the U.S. Supreme Court narrowed the scope of antitrust immunity for state regulatory boards whose members are active market participants in the occupation regulated by the boards. In North Carolina State...more

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