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Public Policy

June 12, 2025
Trump's Claim LA Military Move Is Unreviewable Irks Judge

A California federal judge considering the state's request to block President Donald Trump's order sending the National Guard into Los Angeles pushed back Thursday against the federal government's claim that the president's decision is unreviewable, saying that issuing such orders is "what a monarchist does" and "that's not where we live."
June 12, 2025
Protect Public Broadcast Channels, Nonprofit Tells FCC

A media nonprofit serving one of Washington, D.C.'s suburbs urged the Federal Communications Commission to protect access to public, educational and government channels when exploring whether to nix potentially burdensome regulations.
June 12, 2025
8th Circ. Upholds Block On Minn. Generic-Drug Price Law

The Eighth Circuit on Thursday backed a lower court's preliminary injunction blocking a Minnesota law that prohibits pharmaceutical manufacturers from imposing an "excessive" price increase on generic or biosimilar drugs, agreeing that the law is likely unconstitutional in regulating prices charged nationwide.
June 12, 2025
Live Nation Defending 'Unfair' Arbitration, Justices Told

Concertgoers suing Live Nation over allegedly anticompetitive conduct urged the U.S. Supreme Court on Thursday not to take up the company's bid to force them into arbitration, arguing that lower courts rightly dinged a switch to a new arbitrator with strict rules meant to limit mass arbitration tactics by the plaintiffs' bar.
June 12, 2025
Judge Won't Ax DC Water Fee Suit Against Feds

A Court of Federal Claims judge on Thursday refused to dismiss the D.C. Water And Sewer Authority's claims that it is owed various fees from the Armed Forces Retirement Home, finding the Clean Water Act includes a waiver of sovereign immunity.
June 12, 2025
'Forum Shopping' Center Stage At 6th Circ. Drug Pricing Args

As part of an expansive effort to tee up U.S. Supreme Court review, pharmaceutical industry-backed opponents of Medicare's drug price negotiations entered less-than-hospitable territory at the Sixth Circuit, where judges pointedly questioned a local business group's basis for challenging a national healthcare program.
June 12, 2025
Senate GOP Moves To Confirm Trump's FCC Nominee

The U.S. Senate plans next week to bring up President Donald Trump's nomination of Olivia Trusty to the Federal Communications Commission.
June 12, 2025
Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia

A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.
June 12, 2025
Wash. Justice Doubts Both Sides In Election Law Fight

A Washington Supreme Court justice said Thursday he believed a political action committee and county auditor are both wrong about the disputed meaning of a state law governing city charter amendment elections, as he and his colleagues flagged discrepancies in the parties' arguments.
June 12, 2025
Suit Over Biden Mining Rule Paused As Trump Plans Changes

State and federal litigants in a suit over a Biden-era regulation that imposed more requirements on states to address possible mining law violations聽were granted聽a breather聽Thursday after聽the Trump administration said it聽plans to loosen the mandate once again.
June 12, 2025
DHS Begins Sending Termination Notices To Parolees

The U.S. Department of Homeland Security on Thursday said it has started sending termination notices to people granted temporary residency and work authorizations through a parole program the Biden administration launched for Cubans, Haitians, Nicaraguans and Venezuelans.
June 12, 2025
Hemp Retailer Sues DC, Feds Over District's Cannabis Policy

A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.
June 12, 2025
Review Ordered For Alaska Gold Mine As Permits Kept Alive

An Alaska federal judge isn't revoking key permits for a proposed gold mine in the state's Yukon鈥揔uskokwim region despite finding legal flaws in an environmental review, but she has ordered government agencies to reassess the risks of a catastrophic tailings spill while construction remains paused.
June 12, 2025
Locals Approve $3B Plan To Lure NHL Team Back To Atlanta

Officials in Forsyth County, Georgia, north of Atlanta, have signed off on a $3 billion mixed-use plan anchored by an arena, which developers hope will draw a professional hockey team back to the region.
June 12, 2025
NH High Court Upholds Towns Keeping Excess Tax Revenue

The right of New Hampshire communities to retain excess statewide education property taxes for other purposes doesn't violate the state constitution's uniformity clause, the state Supreme Court ruled, partially reversing a trial court.
June 12, 2025
Texas Man Gets 11 Years In Cross-Border Transport Case

A Texas federal court has sentenced a man to 11 years in prison for helping lead a violent conspiracy to monopolize the transport of used vehicles and other goods from the U.S. through Mexico for resale in Central America.
June 12, 2025
NJ Judge Clarifies Provisions Of New Affordable Housing Law

A New Jersey state judge has denied a bid from a coalition of 29 Garden State municipalities to block a number of provisions of a new affordable housing directive, but he provided clarity on some parts of the directive, and the coalition is calling the clarification a win.
June 12, 2025
Legal Noncitizens OK For Domicile Tax Break, SC Judge Says

A legally present couple from India showed intent to remain domiciled in their South Carolina home and therefore qualify for the property tax treatment granted for owner-occupied residences, an administrative judge ruled.
June 12, 2025
8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial

The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.
June 12, 2025
Calif. Sues Trump Over 'Wildly Partisan' EV Waiver Repeal

The California attorney general and 10 other states sued the Trump administration in federal court Thursday minutes after President Donald Trump signed resolutions repealing California's Clean Air Act waiver that allowed the state to establish its own vehicle emissions standards, slamming the resolutions as unconstitutional, irrational and "wildly partisan."
June 12, 2025
DHS Tightens Rules On Info Disclosure, Medical Exam Validity

U.S. Citizenship and Immigration Services has issued two policy updates this week, one changing how the agency will disclose derogatory information when it intends to issue an adverse decision, and another reversing course on how long medical exams are valid.
June 12, 2025
Tribal Students Sue Feds Over Change To Financial Aid Policy

Two New York tribal members want a federal district court to block a decision by the U.S. Education Department to reverse course on its residence documentation policy for Indigenous students seeking financial aid, saying the agency offered no justification for the change that will prevent them from attending college.
June 12, 2025
Stranded Asylum-Seekers Sue Trump Over Border Closure

A proposed class of asylum-seekers stranded in Mexico has sued the Trump administration, arguing there is no legal basis to shut down the southern U.S. border to people who are entitled under U.S. law to apply for asylum when they arrive in the U.S. or at the border.
June 12, 2025
China Agrees To Loosen Rare Earth Restrictions, US Says

Chinese trade negotiators have agreed to lift export controls on rare earth elements in exchange for the U.S. walking back a campaign to revoke visas for Chinese students, according to statements by U.S. officials, which experts said leave key issues unresolved.
June 12, 2025
Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale

A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors.聽

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed聽over 220聽lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

5 Open Questions About FDA's AI-Assisted Review Plans

The U.S. Food and Drug Administration recently touted the completion of a generative artificial intelligence program for scientific reviewers and plans for agencywide deployment to speed up reviews of premarket applications, but there is considerable uncertainty surrounding the tools' ability to protect trade secrets, avoid bias and more, say attorneys at King & Spalding.
Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

In this month's bid protest roundup, Thomas Lee at MoFo examines three May decisions from the U.S. Court of Federal Claims examining the court鈥檚 jurisdiction to rescind an executive order, the impact of agency error in establishing a competitive price range and application of the late-is-late rule to an electronic filing.
How Trump Administration's Antitrust Agenda Is Playing Out

Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
Justices' Ruling Lowers Bar For Reverse Discrimination Suits

The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees 鈥� and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.
Fed's Crypto Guidance Yank Could Drive Innovation

The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
DOE Grant Recipients Facing Termination Have Legal Options

Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
Attacks On Judicial Independence Tend To Manifest In 3 Ways

Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
Loophole To Budget Bill's AI Rule May Complicate Tech Regs

An exception in the One Big Beautiful Bill Act that could allow state and local governments to develop ostensibly technology-neutral laws that nonetheless circumvent the bill鈥檚 ban on state artificial intelligence regulation could unintentionally create a more complex regulatory environment for technologies beyond AI, says Pooya Shoghi at Lee & Hayes.
A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
Prior Art Ruling Highlights Importance Of Detailed Elaboration

The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.
Dissecting House And Senate's Differing No-Tax-On-Tips Bills

Employers should understand how the House and Senate versions of no-tax-on-tips bills differ 鈥� including in the scope of related deductions and reporting requirements 鈥� to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.
OCC's Digital Embrace Delivers Risk, Opportunity For Banks

As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
High Court Birthright Case Could Reshape Judicial Power

Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump鈥檚 birthright citizenship executive order primarily focused on federal judges鈥� power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
Justices Hand Agencies Broad Discretion In NEPA Review

By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
Remediation Still Reigns Despite DOJ's White Collar Shake-Up

Though the U.S. Department of Justice鈥檚 recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.