A North Dakota federal judge Tuesday threw out a suit brought by environmental groups seeking to rescind the state’s authority to regulate surface coal mining over conflicts of interest, finding the court lacks the authority to compel the U.S. Department of the Interior to enforce certain provisions of a key federal mining law.
The ability of U.S. states to encourage developers to build new power plants in order to lower energy costs and ensure grid reliability may be severely limited after a pair of federal courts recently held that subsidies offered by New Jersey and Maryland intruded on the Federal Energy Regulatory Commission's exclusive authority over wholesale electricity markets, experts say.
A Washington, D.C., federal judge said Tuesday that he won't dismiss a suit by small-business owners and individuals alleging that an Internal Revenue Service rule unlawfully expands Affordable Care Act insurance subsidies and penalties, but he declined to issue an order enjoining the rule.
The rumored $13 billion settlement between JPMorgan Chase & Co. and the U.S. Department of Justice could force regulators to offer litigation releases to banks that will now likely be reluctant to buy up their floundering competitors in a future crisis, analysts say.
A Washington, D.C., federal judge will decide Tuesday whether to nix a suit by small-business owners and individuals alleging that an Internal Revenue Service rule unlawfully expands Affordable Care Act insurance subsidies and penalties.
A Washington federal judge granted summary judgment Thursday to the Consumer Financial Protection Bureau in a lawsuit brought by Morgan Drexen Inc. in which the litigation support company challenged CFPB’s constitutional right to exist, but didn’t address the merits of the constitutional challenge.
A New York appeals court on Thursday reversed a ruling that the state’s retroactive application of changes to its insurance laws was unconstitutional, but also found that the state had failed to justify the retroactive move in the first place.
The Ninth Circuit ruled Thursday that environmental groups looking to force Washington state regulators to impose tighter greenhouse gas emission regulations on oil refineries did not sufficiently argue that their injuries directly resulted from the regulators’ lack of enforcement.
The state senator behind a bill aimed at preventing $60 million in fines against Penn State University in the wake of the Jerry Sandusky sex abuse scandal from being spent outside the state lost his bid Tuesday to intervene in a NCAA lawsuit challenging the measure.
The Fifth Circuit said Wednesday that a Texas law barring corporate contributions to political committees couldn't be enforced against groups that aren't directly affiliated with a candidate for public office, finding the law violated the groups' right to free speech.
The U.S. Supreme Court's refusal to disturb a ruling that judicial review of a controversial water transfer exemption under the Clean Water Act must start in district court means it will be easier for parties to challenge similar permitting exceptions, creating regulatory uncertainty for entities that benefit from those carveouts, experts say.
A New York state judge on Wednesday dismissed a New York City-based attorney’s suit over the wording of what he claims is a rosily written state referendum on potential casinos in the state, saying the claim of improper advocacy is barred by the statute of limitations.
A decision by New York's top court to uphold a plaintiff's clumsy explanation for seeking damages under the state's no-fault auto insurance law despite a pause in his medical treatment marked a slap to judges keen on weeding out spurious suits and will see more claims go to trial, experts said Tuesday.
A federal judge Friday nixed a program designed to spur the construction of natural gas-based power plants in New Jersey through subsidies, ruling the program is unconstitutional because it would usurp the Federal Energy Regulatory Commission’s ability to regulate the energy market.
While the U.S. Supreme Court on Tuesday agreed to consider several petitions challenging carbon emissions rules crafted by the Environmental Protection Agency, experts say the agency is still the big winner because the high court refused to reconsider the EPA's underlying authority to regulate greenhouse gases established in the landmark 2007 case Massachusetts v. EPA.
New York’s highest court on Tuesday endorsed a law prohibiting nursing home operators from consummating cash transactions of a certain size without authorization from state health regulators, unconvinced that the law trampled the businesses' right to spend money as they please.
California Gov. Jerry Brown on Thursday rejected a bill that would have redefined what employees need to prove and allowed them to seek greater recovery in mixed-motive discrimination cases, letting stand a California Supreme Court decision that has been viewed as a legal victory for employers.
A Rensselaer County trial judge has sided with a New York City smokers rights group, ruling that a ban on smoking in state parks instituted by New York State Office of Parks Recreation and Historical Preservation exceeded the agency's rulemaking authority, according to a decision made public Friday.
The Pennsylvania Commonwealth Court ruled on Friday that a local zoning ordinance in a suburban Philadelphia township neither impermissibly enacted an outright ban on the use of land for quarrying in violation of the state’s constitution nor placed overly burdensome restrictions on quarry operations.
New Jersey Gov. Chris Christie’s administration lost a battle against same-sex marriage advocates Thursday after a judge denied its motion to stay an order legalizing same-sex marriage within weeks, but filed an appeal within hours, indicating it doesn’t intend to cede the issue.
For Black Friday, it’s not just about getting shoppers to the stores, but also maintaining a safe environment when they get there. While the crowd-management guidance recently issued by the Occupational Safety and Health Administration is not a regulation — yet — retailers would be remiss if they just assume these are only unenforceable suggestions from OSHA, say Marjorie Fochtman and Jeffrey Tanenbaum of Nixon Peabody LLP.
The New York State Department of Financial Services is “requiring” about 200 banks “to answer questions in real time on Dec. 12 to assess their cybersecurity policies and processes.” But the DFS will not necessarily learn anything new from the Web-based, real-time surveys, nor is that the stated intent, say Ronald Sarachan and Zoe Wilhelm of Drinker Biddle & Reath LLP.
Two considerations stand out regarding the Iran nuclear agreement's effect on sanctions. First, the agreement does not provide detail about suspension of sanctions or even identify measures to be suspended. Second, agreement commitments to relax sanctions measures will only be effective if, when and to the extent that they are implemented in U.S. and EU law, say Harry Clark and Clark McFadden of Orrick Herrington & Sutcliffe LLP.
In a recent decision, the U.S. District Court for the Northern District of Georgia held that whistleblowers claiming retaliation under Dodd-Frank are not entitled to a jury trial. The decision provides the first authoritative answer to one of several statutory issues still working their way through the courts, say attorneys at King & Spalding LLP.
On Nov. 7, the Ninth Circuit largely upheld the U.S. Environmental Protection Agency's approach under the Federal Insecticide, Fungicide and Rodenticide Act in registering the first recognized nanopesticide. Despite a remand to resolve certain issues, the EPA and nano stakeholders have reason to be pleased, say Lynn Bergeson and Timothy Backstrom at Bergeson & Campbell PC.
A new law in Mongolia dramatically alters the investment landscape in the country, eliminating the broad restrictions on private foreign investment in the minerals, communication and financial sectors that previously existed, removing the parliament from the approval process, and ending the distinction between foreign and domestic investors, says Stewart Diana of DLA Piper LLP.
As the Thanksgiving holiday approaches, employers are likely giving thanks for the growing trend among federal courts to reign in what many perceive to be overly aggressive litigation tactics employed by the Equal Employment Opportunity Commission. There have been a surprising number of cases over the past year in which the EEOC has been dressed down, says Chuck Knapp at Faegre Baker Daniels LLP.
Until recently, forced pooling of unleased land parcels remained largely untested in Pennsylvania, particularly with the advent of modern shale development. However, a recent decision from the Pennsylvania Environmental Hearing Board promises to put forced pooling back into the spotlight and raise the ever growing controversy surrounding it, says Yvonne Hennessey at Hiscock & Barclay.
A fierce debate has now emerged over whether the phrase "exceeds authorized access" in the Computer Fraud and Abuse Act applies to violations of internal computer use policies. With circuits lining up on both sides of the argument, it appears that this issue may be ripe for a decision by the U.S. Supreme Court, say Brandon Krajewski and Steven Berryman of Quarles & Brady LLP.
As conflicts have intensified over a number of California cities’ approaches to inclusionary housing, the courts have created a patchwork of law that has provided little practical guidance to local governments or developers, but recent actions by the governor and the California Supreme Court may be bringing things into focus, say attorneys with Morrison & Foerster LLP.