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Public Policy
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June 25, 2024
UPenn Palestinian Org Can't Block Congress' Doc Request
An association of pro-Palestinian faculty and students at the University of Pennsylania can't sue the school to stop it from sending documents about the group's activities to a U.S. House committee that expressed concern about alleged antisemitic activities, a Pennsylvania federal judge has ruled.
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June 25, 2024
Feds Transfer Nearly 12,000 Acres To Minnesota Tribe
A Native American tribe in northern Minnesota has added nearly 12,000 acres of forest land to its reservation following an agreement signed by the U.S. Forest Service.
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June 25, 2024
AT&T Says No Windfall From FirstNet Managing 4.9 GHz Band
AT&T is finally weighing in on the robust debate over whether the FCC should hand over control of the recently revamped 4.9 gigahertz public safety band to an entity with strong ties to the telecom behemoth, denying that it would get a "windfall" if the agency were to go through with it.
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June 25, 2024
Bulk Of Colo. Climate Case Against Oil Giants Beats Dismissal
A Colorado state judge has paved the way for a county's lawsuit against major oil and gas companies that aims to hold them liable for damages caused by climate change, rejecting bids to toss claims for public and private nuisance, conspiracy and unjust enrichment.
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June 25, 2024
Mich. Judge Blocks State Abortion Waiting Period, Counseling
A Michigan state judge on Tuesday temporarily blocked a 24-hour waiting period, mandatory counseling and other requirements on people seeking abortions in the state, finding they likely violate an amendment in the state constitution guaranteeing the right to an abortion.
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June 25, 2024
CFPB Delays Start Of Small-Biz Loan Rule Deadlines Until '25
The Consumer Financial Protection Bureau on Tuesday formally pushed back the compliance deadlines for its contested rule that establishes reporting requirements for the small-business lending market, putting nearly 10 more months on the clock for banks and other lenders after a court-ordered stay.
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June 25, 2024
USDA Tackles 'Inconsistent' Court Handling Of Packers Suits
The U.S. Department of Agriculture sought Tuesday to empower itself, and perhaps individual farmers, in lawsuits against allegedly unfair practices in the livestock, meat and poultry industries, by proposing a new rule that would replace the current case-by-case adjudication of what counts as a violation of the Packers and Stockyards Act.
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June 25, 2024
Norfolk Southern Torched In NTSB Final Derailment Findings
Norfolk Southern used "reprehensible" tactics to interfere with the investigation into last year's derailment in East Palestine, Ohio, and pushed for an "unnecessary" controlled vent and burn of highly flammable vinyl chloride during the accident's chaotic aftermath, the National Transportation Safety Board said Tuesday.
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June 25, 2024
GOP Lawmakers Urge 8th Circ. To Quash SEC's Climate Rule
A group of 35 Republican lawmakers on Tuesday moved to weigh in on the consolidated challenge to the U.S. Securities and Exchange Commission's recently adopted climate disclosure rule, arguing that the Eighth Circuit should vacate the measure due to a lack of clear congressional authorization.
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June 25, 2024
Verizon To Pay $1M For Southeast 911 Outage, FCC Says
Verizon has agreed to pay just more than $1 million and follow a compliance plan after a December 2022 breakdown of 911 connectivity throughout the Southeast, the Federal Communications Commission said Tuesday.
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June 25, 2024
Intl. Trade Commission Takes Up 2 New China Import Probes
The U.S. International Trade Commission has initiated import injury investigations into allegedly dumped and subsidized golf carts from China and brake drums from China and Turkey, the agency announced in a pair of Federal Register notices Tuesday.
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June 25, 2024
Split DC Circ. Backs Bush-Era Mining Deregulation
A divided D.C. Circuit panel on Tuesday upheld a Bush-era mining regulation that removed limits on how much land near a mining site can be used for secondary operations like waste disposal, ruling against environmental groups that accused regulators of illegally walking back a more restrictive interpretation of federal mining law.
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June 25, 2024
Flint Judge Wants To Keep City 'Motivated' To Fix Lead Pipes
A Michigan federal judge on Tuesday all but approved a proposal from the state to step in and help the city of Flint finish replacing lead water service lines and restoring properties for residents, noting the city's repeated failures to meet its obligations under a 7-year-old settlement agreement.
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June 25, 2024
After Rahimi Win, Feds Set Sights On Felon Gun Ban
In a bid to capitalize on last week's U.S. Supreme Court ruling upholding a federal law that prohibits domestic abusers from possessing firearms, the U.S. solicitor general has called on the justices to next tackle a slew of constitutional challenges to the separate, sweeping ban on people convicted of felonies owning guns.
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June 25, 2024
Ga. County Wants Battery Fire Suit Sent Back To State Court
A Georgia county that sued an electric vehicle battery manufacturer for allegedly dumping hundreds of batteries that led to a massive fire at a local recycling plant asked a federal judge Monday to send the case back to state court.
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June 25, 2024
Judge Says Sales Discount Doesn't Justify Redoing Steel Duty
The U.S. Court of International Trade refused to force the U.S. Department of Commerce to raise antidumping duties on Australian hot-rolled steel to account for a discount that an Australian producer offered its importer, saying the importer paid the duty when it took the steel from the producer.
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June 25, 2024
No Need To Ship Net Neutrality Appeals To DC, 6th Circ. Told
The Sixth Circuit should stand up to the "concerted effort" to push administrative law matters out of other appellate courts and into the D.C. Circuit by refusing to transfer a bundled set of challenges to the FCC's new net neutrality rules, the U.S. Chamber of Commerce has said.
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June 25, 2024
Indiana U Settles Ricin-Carrying Fruit Fly Export Violations
Indiana University has escaped fines, but it must instead educate the broader academic community at large on export controls under a settlement with the U.S. Department of Commerce after the institution sent unlicensed shipments overseas, of fruit flies carrying a subunit of ricin.
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June 25, 2024
FCC Says Anti-Redlining Rule 'Dutifully' Carries Out Law
The Federal Communications Commission has urged the Eighth Circuit to toss multiple industry challenges to its rules against discrimination in broadband deployment, saying its use of a wide-reaching standard for prohibited bias fits the law's requirements.
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June 25, 2024
Dems Seek 'Honest Evaluation' Of New ICBM Program
Thirteen Democrats, including the co-chairs of the Congressional Nuclear Weapons and Arms Control Working Group, are calling for an "honest evaluation" of the U.S. Air Force's new intercontinental ballistic missile program due to cost overruns.
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June 25, 2024
$3M Broker Commission Deal Stayed To Await NAR Settlement
A Massachusetts federal court will not consider a $3 million settlement reached between home sellers and a multiple listing service over broker commission rules until after a decision on a much larger settlement in the separate sprawling case against the National Association of Realtors.
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June 25, 2024
NC Development Bill Violates UN Declaration, Tribe Says
A North Carolina tribe is fighting state legislation that it says does not assure protections over one of the most significant archaeological Native American discoveries in recent years, arguing its language violates international law and centuries-old treaties.
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June 25, 2024
Russian Ferrosilicon Gets Preliminary Duties Topping 748%
The U.S. Department of Commerce handed down preliminary duties of 283.27% and 748.58% in its anti-dumping and countervailing duty investigations, respectively, into Russian producers of ferrosilicon, a key input in steelmaking.
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June 25, 2024
Ariz. Lawmakers Say State Has No Interest In Monument Fight
The Arizona State Legislature says Gov. Katie Hobbs and Attorney General Kris Mayes can't show that they have an interest in lawsuits against President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument and they shouldn't be allowed to intervene in the litigation.
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June 25, 2024
Medical Marijuana Bill Sent To NC House After Senate Sign-Off
The North Carolina Senate has approved a bill that would legalize medical marijuana statewide as part of larger legislation boosting hemp regulations and outlawing the use of three other drugs in the Tar Heel state.
Expert Analysis
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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SEC Amendments May Launch New Execution Disclosure Era
The U.S. Securities and Exchange Commission's recently adopted amendments to Rule 605 of Regulation NMS for executions on covered orders in national market system stocks modernize and enhance execution quality reporting, but serious guidance is still needed to make the reports useful for the public investor, say attorneys at Sidley.
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Ga. Law Creates Challenges For Foreign Ownership Of Land
Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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How HHS Discrimination Rule Affects Gender-Affirming Care
The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Tiny Tweaks To Bank Merger Forms May Have Big Impact
The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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How CFPB Credit Card Rules Slot Into Broader Considerations
Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Perspectives
Public Interest Attorneys Are Key To Preserving Voting Rights
Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Novel Applications May Fizzle After Fed Master Account Wins
Two recent federal court rulings that upheld decisions denying master account applications from two fintech-focused banks are noteworthy for depository institutions with novel charters that wish to have direct access to the Federal Reserve's payment channels and settle transactions in central bank money, say attorneys at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Salvaging The Investor-State Arbitration System's Legitimacy
Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.