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Statutory Interpretation Regulatory Authority

Hogan Lovells

U.S. Supreme Court upholds FCC’s Universal Service Fund framework

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The Supreme Court’s recent ruling in Federal Communications Commission (FCC) v. Consumers’ Research removed the uncertainty that hung over the FCC’s Universal Service Fund (USF) programs since July 2024, when the U.S. Court...more

Foley & Lardner LLP

Has SCOTUS Pre-decided Whether the NRC Can License Private Off-Site High-Level Nuclear Waste Storage Facilities?

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On June 18, 2025, the U.S. Supreme Court, in NRC v. Texas, issued an opinion holding that the State of Texas did not have standing to challenge a license granted by the Nuclear Regulatory Commission (NRC) to a private entity,...more

Blank Rome LLP

Ding! Dong! U.S. DOL Assessment of Liquidated Damages Is Dead!

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The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated...more

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

DOL Wage and Hour Division to No Longer Seek Liquidated Damages

On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum...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

Akerman LLP - Health Law Rx

Federal Court Vacates 2024 HIPAA Privacy Rule Modifications That Supported Reproductive Healthcare Privacy: What Regulated...

On June 18, 2025, the U.S. District Court for the Northern District of Texas issued an order in Purl v. United States Department of Health and Human Services, No. 2:24-CV-228-Z (N.D. Tex. 2025) (the June 18 Order) that...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

Littler

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

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On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...more

Cooley LLP

Supreme Court Upholds Universal Service Contribution Requirements

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The US Supreme Court, in a 6 – 3 decision, has upheld the Federal Communications Commission (FCC) system for determining and collecting universal service contributions. In overturning the US Court of Appeals for the Fifth...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Affirms Rules for Challenging Nuclear Regulatory Commission Licenses

In Nuclear Regulatory Commission v. Texas, a 6-3 decision authored by Justice Brett Kavanaugh, the U.S. Supreme Court ruled in favor of Interim Storage Partners, LLC (ISP) and the Nuclear Regulatory Commission (NRC). The case...more

Benesch

SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

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In a highly anticipated decision with broad implications for Telephone Consumer Protection Act (“TCPA”) litigants, on June 20, 2025, the Supreme Court issued its decision in McLaughlin Chiropractic Associates, Inc. v....more

Tucker Arensberg, P.C.

In Potentially Groundbreaking Appeal, Pennsylvania Supreme Court to Consider Whether Public Utility Commission Can Regulate...

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It has been a long-standing cardinal rule in Pennsylvania that municipal authorities were beyond the regulatory reach of the Pennsylvania Public Utility Commission (“PUC”). ...more

Cooley LLP

SCOTUS Continues to Limit Authority of Regulatory Agencies by Empowering District Courts to Reject FCC Interpretations

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Suppose an administrative agency issues a rule governing private conduct. And suppose no one uses an available judicial review process to challenge that rule before it takes effect. If that rule is then invoked against a...more

Jenner & Block

New EPA Proposal Targets Rollback of Power Plant Emissions Rules

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Two weeks ago, the Environmental Protection Agency (EPA) released its proposed repeal of the rules governing greenhouse gas emissions from fossil fuel-fired power plants. Included within the proposal is a new legal...more

Holland & Knight LLP

U.S. Supreme Court Decides Nuclear Regulatory Commission Procedural Issue

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The U.S. Supreme Court on June 18, 2025, decided Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), which involved challenges to the U.S. Nuclear Regulatory Commission's (NRC or Commission) decision to grant a...more

Fox Rothschild LLP

GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions

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Timing is everything when it comes to bid protests at GAO. There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more

McGuireWoods LLP

SCOTUS Allows Private Company’s License for Stand-Alone Spent Nuclear Fuel Storage Facility

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On June 18, 2025, the U.S. Supreme Court, in Nuclear Regulatory Commission, et al. v. Texas, et al., reinstated a license originally issued by the Nuclear Regulatory Commission (NRC), permitting the storage of depleted...more

Hogan Lovells

Supreme Court decides interim storage case on procedural grounds in NRC v. Texas

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On Wednesday, June 18, 2025, the Supreme Court of the United States issued its opinion in NRC v. Texas to resolve a circuit split over the storage of spent nuclear fuel between the Tenth Circuit, D.C. Circuit, and Fifth...more

Holland & Hart LLP

Supreme Court Clarifies Path for Nuclear License Challenges and NRC Authority

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The Supreme Court’s decision in NRC v. Texas gives nuclear energy generators and storage facilities, as well as NRC, the latest win in the decades-long struggle over used-fuel storage....more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

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The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Bradley Arant Boult Cummings LLP

Maybe So, Maybe Not: Mississippi AG’s Office Opines That Mississippi Law Prohibits Most Consumable Hemp Products While Recognizing...

All participants of Mississippi’s cannabis industry should take notice of an opinion the Mississippi Attorney General’s Office published on June 11, 2025. The opinion answered three questions Mississippi Rep. Lee Yancey...more

Jones Day

U.S. Supreme Court Instructs Courts to Provide "Substantial Deference" to Agencies in NEPA Cases

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On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more

Blake, Cassels & Graydon LLP

Doctrine de l’exclusivité des compétences : La CSC statue qu’une loi du Québec est inapplicable aux entreprises fédérales

Dans l’affaire Opsis Services aéroportuaires inc. c. Québec (Procureur général) (l’« affaire Opsis »), la Cour suprême du Canada (la « CSC ») a statué que la doctrine de l’exclusivité des compétences demeure une composante...more

Downey Brand LLP

U.S. Supreme Court Limits Use of Environmental Review as a Roadblock

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On May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado (2025) 605 U.S. ____, the Supreme Court gave instruction that the National Environmental Policy Act (NEPA) “is a procedural cross-check, not...more

DLA Piper

Seven County Infrastructure Coalition v. Eagle County: Top Points

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Supreme Court aims to provide predictability by narrowing the scope of NEPA review - The Supreme Court’s latest ruling in Seven County Infrastructure Coalition v. Eagle County marks a significant “course correction” in how...more

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