Public Policy

  • July 31, 2015

    Ariz. Officials Claim Immunity In Tribe's $400M Casino Suit

    Arizona’s governor, attorney general and gaming director asked a federal court Friday to dismiss them from the Tohono O’odham Nation’s suit over the right to open a $400 million gaming facility in the Phoenix metro area, arguing the allegations amount to claims against the state and are barred by sovereign immunity.

  • July 31, 2015

    Farm Group Says EPA Should Nix Controversial Waters Rule

    The American Farm Bureau Federation called on the U.S. Environmental Protection Agency to withdraw its controversial Waters of the United States rule, alleging Friday that recently disclosed U.S. Army Corps of Engineers memos show “falsehood and dysfunction” reigned during the rule-making process.

  • July 31, 2015

    Advertiser Group Calls US 'Right to Be Forgotten' Dangerous

    In a letter to the Federal Trade Commission on Friday, the Association of National Advertisers lashed out at a consumer protection advocate’s request for Google to implement “right to be forgotten” privacy laws in the U.S., calling the group's argument “inaccurate” and “dangerous to free expression.”

  • July 31, 2015

    OIG Warns Of Continuing Struggles In FBI Cyberstrategy

    The U.S. Department of Justice's Office of the Inspector General warned Thursday that while the FBI's Next Generation Cyber Initiative has made important progress, the agency is still struggling to recruit qualified candidates and work with outside people and entities.

  • July 31, 2015

    2 Iranian Oil Cos. Removed From EU Sanctions List

    Two Iranian oil companies are no longer being sanctioned by the European Union, the United Kingdom's treasury department announced Friday, just weeks after a historic nuclear deal was reached with the country. 

  • July 31, 2015

    JPML Merges Clean Water Rule Cases In 6th Circ.

    The U.S. Judicial Panel on Multidistrict Litigation has merged before the Sixth Circuit a dozen lawsuits challenging the controversial new U.S. Environmental Protection Agency rule clarifying which U.S. waterways are subject to federal jurisdiction.

  • July 31, 2015

    Planned Florida Black Bear Hunt Called Unconstitutional

    A Florida conservation group filed suit Friday in state court against the Florida Fish and Wildlife Commission challenging the constitutionality of its new rules regarding bear hunting, including a hunt the agency plans to allow this October.

  • July 31, 2015

    Lawmakers Question If SpaceX Should Lead Blast Probe

    U.S. lawmakers questioned Thursday whether it was appropriate for Space Exploration Technologies Corp. to personally head up the investigation into the June 28 explosion that destroyed SpaceX's unmanned Falcon 9 resupply rocket bound for the International Space Station.

  • July 31, 2015

    DirecTV, Dish Renew Plea For High Court To Take Tax Row

    DirecTV and Dish Network Corp. hit back at Tennessee’s attempt to block their request for the U.S. Supreme Court to review decisions upholding state taxes on satellite providers, saying this week that the state's brief fails to prove there isn’t a circuit split on the issue in need of high court review.

  • July 31, 2015

    Family Detention Order Could Impact Enforcement, DOJ Says

    The U.S. Department of Justice asked a California judge Thursday to give it four more days to respond to her ruling against family detention, saying the court's recommendation that families be released from detention in 90 days could impact the U.S. Department of Homeland Security’s ability to enforce immigration laws.

  • July 31, 2015

    DC Circ. Tells Net Neutrality Foes To Rethink Alphabet Soup

    A day after the challengers to the Federal Communications Commission’s net neutrality rules filed their opening briefs, the D.C. Circuit Clerk’s Office said they could really use some editing.

  • July 31, 2015

    Insurers Say Private Medicaid Rule Hurts Telemedicine

    Health insurance companies are sharply criticizing the Obama administration’s proposal to create maximum travel times and distances for access to care in private Medicaid plans, warning in newly released letters that the caps will undermine remote services delivered via telemedicine.

  • July 31, 2015

    USDA To Provide Rural Broadband Loans Under Farm Bill

    The U.S. Department of Agriculture could soon start up a rural broadband loan program, after announcing on Thursday the parameters for the plan, intended to increase broadband service in rural areas.

  • July 31, 2015

    Calif. Truckers Ask High Court To Hear Diesel Rule Row

    The California Construction Trucking Association has asked the U.S. Supreme Court to weigh in on whether a federal court can oversee its challenge to a state regulation requiring certain diesel trucks to undergo emissions upgrades, saying that the suit has no bearing on the state's federally approved air quality plan.

  • July 31, 2015

    Dem Sens. Ask FCC To Review Potential LTE-U, Wi-Fi Clash

    Six U.S. Senate Democrats expressed concern to Federal Communications Commission Chairman Tom Wheeler on Thursday about the effect LTE-Unlicensed technology could have on Wi-Fi devices, asking him to help establish a dialogue about systems between LTE-U and Wi-Fi carriers.

  • July 31, 2015

    Republicans Line Up Against TPP Tobacco Carveout

    Senate Majority Leader Mitch McConnell, R-Ky., joined a growing Republican outcry on Thursday against a proposal to exclude tobacco from the Trans-Pacific Partnership’s dispute settlement provisions, urging U.S. trade officials to avoid an industry-specific carveout in the final deal.

  • July 31, 2015

    Blagojevich To Ask 7th Circ. For En Banc Rehearing

    Former Illinois Gov. Rod Blagojevich will ask the full Seventh Circuit to reconsider a decision that upheld his convictions on 13 of 18 counts, his attorney confirmed Friday.

  • July 31, 2015

    Michigan 'Right-To-Work' Laws See Court Victories

    A recent ruling by the Michigan high court supporting the application of the state’s right-to-work law in the public sector, combined with a Friday settlement in federal court over the private-sector counterpart, has tipped the scales in favor of the laws' proponents in the state.

  • July 31, 2015

    WTO Members Let Deadline For Doha Talks Slip

    World Trade Organization members on Friday let a self-imposed deadline for crafting a plan to resurrect the Doha round of global trade talks pass without action, an unsurprising development that deals yet another blow to the struggling multilateral body.

  • July 31, 2015

    China Eases Rules To Let Foreign Investors Trade Futures

    The Chinese government said Friday it is easing rules to allow foreign traders to invest in the country’s oil futures markets using foreign currencies or yuan, a move that could encourage wider use of its capital markets.

Expert Analysis

  • Inside Sweeping Changes To DOD's Military Lending Act Rules

    Obrea Poindexter

    While few, if any, would question the need to ensure that servicemembers are protected from predatory lending practices, the U.S. Department of Defense's final rule implementing the Military Lending Act goes far beyond such practices and may ultimately restrict servicemember access to traditional credit products, say Leonard Chanin and Obrea Poindexter of Morrison & Foerster LLP.

  • Ex-Im Bank Closes And The Path Forward Is Challenging

    David T. Ralston

    In the wake of the U.S. Export-Import Bank’s closure stakeholders and politicians on all sides of the debate have been contemplating what the absence of the bank means for American exporters, say David Ralston and Anna Ross at Foley & Lardner LLP.

  • Congress Continues Churning GMO Labeling Legislation

    Bradley A. McKinney

    H.R. 1599's preemption provision against current or future state laws that mandate labeling for genetically modified organisms in food is arguably the most important objective of the legislation and was spearheaded by major food manufacturers and various food industry groups, say attorneys at Faegre Baker Daniels LLP.

  • DC Circ.'s Rule Remand Won't Stop EPA On Air Emissions

    Thomas A. Lorenzen

    After the D.C. Circuit's recent ruling in EME Homer City Generation LP v. U.S. Environmental Protection Agency, the EPA can continue to implement its Cross-State Air Pollution Rule for the foreseeable future, including imposing state emission budgets for sulfur dioxide and nitrogen oxide that have now been ruled invalid, say Thomas Lorenzen and Robert Meyers of Crowell & Moring LLP.

  • Craft Beer's Growth Is Causing Congress To Brew Reforms

    Matthew P. McLaughlin

    In response to the craft beer industry's explosive growth, national policy surrounding alcohol regulatory reform has been one of modernization, not the elimination of three-tier distribution systems and state franchise laws. However, while some states have embraced this trend in a positive manner, others have been extremely resistant to change, says Matthew McLaughlin of Baker Donelson PC.

  • Betting On NY Gaming Commission's Casino Vendor Rules

    Laura McAllister-Cox

    Companies providing goods and services to casinos may find themselves in a New York state of mind this summer thanks to recently proposed rules governing vendor licensing for the nascent commercial casino industry in the Empire State, say attorneys at Greenberg Traurig LLP.

  • UPenn Fracking Study Can't Give Plaintiffs Causation

    Harry Weiss

    Despite the media attention surrounding a recent University of Pennsylvania study linking increased hospital visits for cardiac and neurological complaints with hydraulic fracturing, it is unlikely to significantly help plaintiffs looking to establish causation, say Harry Weiss and Philip Yannella of Ballard Spahr LLP.

  • Cuba, Si! Trade With Cuba, Not Quite Yet

    Burt Braverman

    There has been much fanfare surrounding the re-establishment of diplomatic relations with Cuba, but for U.S. businesses anxious to establish commercial beachheads for the sale of goods and technology, the reality is much the same as it has been since 1982 when Cuba was first designated as a State Sponsor of Terrorism, says Burt Braverman at Davis Wright Tremaine LLP.

  • Shedding Light On Conn.'s Pay Secrecy Law

    Daniel L. Schwartz

    Connecticut's Public Act No. 15-196 provides employees in the state with a private right of action against alleged gender pay discrimination. Employees may file a complaint alleging a violation of the law in any court of competent jurisdiction, and the language of the law appears to contemplate collective or multiple plaintiff lawsuits, say Daniel Schwartz and James Leva of Day Pitney LLP.

  • OPINION: On Porous Borders

    Judge Eliza Klein

    Since 2008, funding of the border patrol has doubled. Meanwhile, funding of the immigration courts has stagnated. The case load has grown from slightly less than 263,000 cases nationwide to slightly more than 450,000 — over 2,000 cases per judge. We must do better, says Judge Eliza Klein, of counsel to Gil Law Group and a former immigration court judge for more than 20 years.