News & Analysis as of

Statutory Interpretation Comment Period

Foley Hoag LLP - Environmental Law

Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...more

Eversheds Sutherland (US) LLP

FWS and NOAA propose to narrow reach of Endangered Species Act

On April 17, 2025, the US Fish and Wildlife Service and the National Oceanic and Atmospheric Administration published a notice of proposed rulemaking to rescind the definition of “harm” under the Endangered Species Act...more

Nossaman LLP

Agencies Move to Rescind “Harm” Definition under Endangered Species Act

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On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a notice in the Federal Register proposing to rescind the Services’ respective...more

Orrick, Herrington & Sutcliffe LLP

SEC opens comment period on defining “exchange”

On April 14, the SEC reopened the comment period on proposed amendments to the statutory definition of “exchange” under Exchange Act rule 3b-16, which now includes systems that facilitate the trading of crypto asset...more

Nelson Mullins Riley & Scarborough LLP

Proposed Federal Rule Seeks to Clarify Title VII’s Application to Religious Organizations

A January 13, 2023 rule proposed by nine federal agencies, including the Department of Labor, seeks to amend an assortment of regulations in order to clarify the rights and obligations of faith-based and community...more

Perkins Coie

Bird Is the Word: US Fish & Wildlife Service Proposes Narrow Interpretation of Migratory Bird Treaty Act

Perkins Coie on

The U.S. Fish and Wildlife Service issued a proposed rule on January 30, 2020, that narrowly interprets the protections afforded by the Migratory Bird Treaty Act. The new rule would provide that the MBTA prohibits only the...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Akin Gump Strauss Hauer & Feld LLP

The River No Longer Runs through It: EPA to Cease Regulating Releases of Pollutants to Groundwater

After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more

A&O Shearman

US Federal Reserve Proposes Broadened Application of US Netting Provisions

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The Board of Governors of the Federal Reserve System has proposed amendments to Regulation EE, which implements the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991. The proposed...more

A&O Shearman

Federal Reserve Proposes Broadened Application of FDICIA Netting Provisions

A&O Shearman on

On May 2, 2019, the Board of Governors of the Federal Reserve System Board proposed amendments to Regulation EE, which implements the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991...more

Dorsey & Whitney LLP

Fall is for Falling Leaves, Thanksgiving, and TCPA Omnibus II?

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As this year speeds to a close, we are on pins and needles to see if the FCC will issue a ruling this Fall in the great ACA Int’l TCPA remand. After all, the FCC provided only two weeks for comment in its latest Public Notice...more

Womble Bond Dickinson

TCPA Case Closed!: Trueblue Defendants Finish the Deal– Earn Summary Judgment Because System Did not Dial Randomly or...

Womble Bond Dickinson on

Marks? What’s Marks? That’s the question TCPA litigants may be asking themselves after today’s big win by Defendants in Gary v. Gershwin A. Drain Trueblue, Case No. 17-cv-10544, 2018 U.S. Dist. LEXIS 175021 (E.D. Mich....more

Womble Bond Dickinson

“Potential” TCPA Disaster: Does Marks Re-Introduce the Phantom of Potential Capacity to the TCPA’s ATDS Definition?

Womble Bond Dickinson on

As we get near Halloween, how about a quick tale of a phantom lurking in our halls? Amidst all of the hubbub surrounding the big Marks opinion a couple weeks back–including the FCC’s decision to re-open the comment period...more

Womble Bond Dickinson

Breaking TCPA News: FCC Seeks Further Comment on Interpretation of the Telephone Consumer Protection Act in Light of the Ninth...

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Supplemental Public Notice on TCPA Scope Post Marks - Well the Marks case just got even bigger somehow. After the extreme position taken by the Ninth Circuit Court of Appeal two weeks ago the Federal Communications...more

Womble Bond Dickinson

Where to Next? ACA International Decision Prompts FCC Request for Comment on Interpretation and Implementation of the TCPA

Womble Bond Dickinson on

Comment Date: June 13, 2018 - Reply Comment Date: June 28, 2018 - As we told you in this week’s flash breaking news, less than a week after the D.C. Circuit Court of Appeals issued its mandate following the ACA Int’l...more

Burr & Forman

FCC Seeks Comments on TCPA in Wake of ACA International Decision

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On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more

Hogan Lovells

FCC Seeks to Refresh the TCPA Record

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Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board...more

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