In a landmark decision, the Supreme Court on Friday overturned the 40-year-old precedent that established what is commonly known as Chevron deference. The ruling fundamentally alters the balance of power between federal...more
Historically, the courts have had little involvement in review of the Federal Emergency Management Agency's (FEMA) decisions regarding the billions of dollars of federal disaster recovery funding that FEMA administers...more
On June 24, 2022, the Supreme Court of the United States ruled on Dobbs v. Jackson Women’s Health Organization. This ruling overturned Roe v. Wade, which held that women had a fundamental right to an abortion. Since the Dobbs...more
The Federal Emergency Management Agency's (FEMA) Public Assistance Appeals and Arbitrations regulation at 44 C.F.R. § 206.206 will change on January 1, 2022. Recipients and subrecipients should be prepared for changes in...more
An applicant's right to appeal an adverse Federal Emergency Management Agency (FEMA) Determination can be found in Section 423(a) of the Stafford Act, as implemented by FEMA in 44 C.F.R. § 206.206. Paragraph 206.206(a)...more
The Stafford Act and Federal Emergency Management Agency (FEMA) regulations require FEMA to adjust several programmatic thresholds and indicators each year to reflect changes in the Consumer Price Index for All Urban...more
On June 2, 2021, the Federal Emergency Management Agency (FEMA) issued version 2 of its policy on Stafford Act § 705, Disaster Grant Closeout Procedures. Stafford Act § 705 (42 U.S.C. § 5205) contains two important...more
Nestled within the new proposed regulations issued by the IRS on April 12 (the "Proposed Regulations") that mainly address foreign investors is needed relief for current Opportunity Zone projects....more
Although it has not yet opened the program to grant applicants, on March 5, 2021, the SBA released a detailed overview of eligibility requirements and a preliminary application checklist for prospective grantees On March...more
The COVID-Related Tax Relief Act of 2020, the Taxpayer Certainty and Disaster Tax Relief Act of 2020, and the No Surprises Act, all part of the Consolidated Appropriations Act, 2021 (CAA, 2021), which was signed into law on...more
On October 10, 2020, FEMA published a proposed revision to its existing policy for implementation of Stafford Act § 705, Disaster Grant Closeout Procedures. FEMA seeks comment on the proposed policy by December 10, 2020....more
Many grantmakers are unaware, but private foundations can make direct grants to individuals to further the private foundation’s exempt purpose. Private foundations often focus their grantmaking programs on making grants to...more
On August 6, 2020, President Trump signed an Executive Order (“Order”) to ensure essential medicines, medical countermeasures, and critical inputs are made in the United States. The President recognized that reliable...more
On Saturday, August 8, President Donald Trump issued an executive order and three executive memoranda as negotiations for an additional bipartisan COVID-19 relief plan stalled in Washington. These actions follow more than two...more
One of the major sticking points for the most recent round of stimulus negotiations was what to do about the expansion of unemployment compensation benefits under the Coronavirus Aid, Relief, and Economic Security (CARES)...more
The Secretary of Health and Human Services announced a renewal of the nationwide public health emergency ("PHE") late on Thursday, July 23, 2020. The announcement came just two days before the then-current PHE designation was...more
On June 4, 2020, Treasury and the Internal Revenue Service issued Notice 2020-39 (the Notice) modifying Notice 2020-23 and providing relief under Section 7508A of the Internal Revenue Code (Code). Under Code Section 7508A,...more
In the event of a national disaster or emergency under the Stafford Act or the National Emergencies Act and a Public Health Emergency Declaration by government officials, the Department of Health and Human Services (HHS)...more
The New Jersey Economic Development Authority (NJEDA) has announced that applications for its $50 million Phase 2 expansion of the Small Business Emergency Assistance Grant Program will be available on June 9, 2020 at 9:00am....more
On March 13, 2020, the President of the United States issued a proclamation that the 2019 Novel Coronavirus (previously referred to as 2019-nCoV, now as COVID-19) outbreak in the United States constitutes a national emergency...more
The coronavirus disease 2019 (COVID-19) pandemic’s effects on states and communities have had a significant financial impact on organizations and governments working to protect the safety and well-being of individuals...more
On April 9, 2020, following issuance by the President of the United States of an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act on March 13, 2020, the Secretary of the U.S....more
On March 30, 2020 (retroactively effective as of March 1, 2020), CMS issued blanket – nationwide – waivers of sanctions under the Stark Law in response to the COVID-19 public health emergency. Overview of the Law - When...more
Many Americans have heard of the Stafford Act, 42 U.S.C. § 5121, et seq., which empowers the federal government to provide states certain types of monetary and non-monetary assistance, in instances of declared emergency. ...more
With the COVID-19 pandemic in full swing, can the government take private hotel rooms to expand the capacity to care for individuals with or exposed to the virus? Governmental entities at every level are taking...more