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Public Policy

  • June 22, 2018

    Gov't Seeks To Nix Immigrants' Protected Status Class Action

    The Trump administration did not create a new rule by ending temporary protected status for immigrants whose home countries are in crisis, the U.S. Department of Justice told a California federal judge Friday, arguing that meant the reversal couldn’t come under judicial review and a putative class action challenging the decision should be nixed.

  • June 22, 2018

    House Passes Sweeping Opioid Treatment, Medicare Bill

    The U.S. House of Representatives passed a sweeping anti-opioid abuse bill Friday with broad bipartisan support, rolling together dozens of other pieces of legislation passed over the last two weeks.

  • June 22, 2018

    Suit Alleging Race Bias In Boston PD Drug Tests Nears Verdict

    A Massachusetts federal judge spent several hours in a Boston courtroom Friday discussing racial identity, implicit bias and the legal ramifications of drug-testing employees in a hearing that concluded the evidentiary portion of a long-running discrimination case against the Boston Police Department over false-positive results disproportionately affecting black people.

  • June 22, 2018

    Trump's Immigration Executive Order Puts Flores In Spotlight

    The fate of President Donald Trump's executive order aimed at reversing the policy of separating immigrant families in detention rests in the hands of the same California federal judge who 20 years ago presided over the Flores agreement, which mandated that immigrant children cannot be held for longer than 20 days in adult detention facilities.

  • June 22, 2018

    Okla. Justices Nix Petition Challenging Teachers’ Pay Tax

    Oklahoma’s Supreme Court on Friday tossed a referendum petition challenging a new law that raised taxes on oil, cigarettes and gasoline that will fund pay raises for teachers, saying that the summary of the petition was misleading and flawed.

  • June 22, 2018

    NJ Trooper Can't Revive Whistleblower Suit Over Porn Report

    A New Jersey state appeals court Friday refused to revive a state trooper’s whistleblower suit alleging she was transferred to an unpopular unit after reporting a superior’s pornography use on the job, reasoning that the new assignment was actually a promotion.

  • June 22, 2018

    17 AGs Join Fight Against Trump's Move To Cancel TPS

    More than a dozen state attorneys general on Friday voiced their support for a lawsuit challenging the Trump administration’s recent decision to cancel temporary protected status for immigrants from El Salvador, Haiti and Honduras, urging the district court to hear the immigrants’ claims.

  • June 22, 2018

    In His Own Words: How Texas Judge Is Mulling ACA Case

    A once-obscure Texas federal judge who rocketed to prominence after being handpicked to hear lawsuits against the Obama administration is now overseeing his biggest case yet: an existential challenge to the Affordable Care Act. In an interview with Law360, U.S. District Judge Reed O'Connor explained how he's approaching the momentous legal battle.

  • June 22, 2018

    E-Cigs, Liquids Subject To Tobacco Tax, Pa. Court Rules

    A Pennsylvania appeals court ruled Friday that e-cigarettes and e-liquids are subject to the state Tobacco Products Tax Act’s 40 percent tax on tobacco products, regardless of whether the liquids have nicotine derived from tobacco.

  • June 22, 2018

    Biggest Energy Regulatory Moves Of 2018: Midyear Report

    It's been a half-year of regulatory upheaval for the U.S. energy industry, from the Federal Energy Regulatory Commission crafting major electricity and pipeline policy changes to the Environmental Protection Agency ramping up its rollback of Obama-era energy and environmental rules. Here's a list of significant energy-related regulatory moves from the first half of 2018.

  • June 22, 2018

    NJ Assembly Approves Bill Protecting Tax Agreement With Pa.

    The New Jersey Assembly has approved a bill that would prevent the state's governor from unilaterally withdrawing from an income tax agreement with Pennsylvania or any other state, spurred by a threat from the state's former governor.

  • June 22, 2018

    RI Becomes The Latest State To Legalize Sports Betting

    Rhode Island's governor signed into a law Friday a budget that clears the way for in-person sports gambling at two casinos, making the state the latest early adopter of a practice legalized by the U.S. Supreme Court in May.

  • June 22, 2018

    Navajo Man Sues Utah, County Officials Over Election DQ

    A Navajo Nation member has hit Utah and San Juan County officials with a federal lawsuit alleging that they denied him the ability to run as a candidate in an upcoming county commission election, contesting a decision to deny him a place on the ballot on residency grounds.

  • June 22, 2018

    Privately Backed Rail And Transit Projects To Watch

    Government officials and private developers are pushing ahead with mass transit modernization projects even as infrastructure investment budgets tighten and the political tug-of-war over rural versus urban transportation needs intensifies, industry observers say.

  • June 22, 2018

    EPA Floats TSCA Guidance On Confidentiality, Animal Testing

    The U.S. Environmental Protection Agency on Friday issued new Toxic Substances Control Act policies on animal testing, confidential business information and mercury reporting requirements, meeting deadlines set by Congress in 2016.

  • June 22, 2018

    High Court's Lucia Ruling Opens ALJs To Political Influence

    The U.S. Supreme Court’s finding that U.S. Securities and Exchange Commission administrative law judges need to be appointed by the president or the head of the agency potentially leaves the judges open to heightened political influence, legal experts said Friday.

  • June 22, 2018

    Biggest Enviro Law Rulings Of 2018: Midyear Report

    Federal courts in the first half of 2018 issued several rulings that will have major repercussions in the environmental law arena, from a U.S. Supreme Court decision clarifying which courts should hear litigation over Clean Water Act jurisdictional issues to two circuit court opinions clarifying that groundwater can be subject to Clean Water Act permitting requirements. Here, Law360 looks at some of the biggest environmental law rulings thus far in 2018.

  • June 22, 2018

    Minn. Power Grid Law Withstands Constitutional Challenge

    A Minnesota federal judge threw out LSP Transmission Holdings' challenge to a state law that provided existing utilities in Minnesota the right of first refusal to build and operate new transmission lines, deciding that the law did not violate the Constitution’s dormant commerce clause.

  • June 22, 2018

    1 Year On, Pa. Judges Grapple With Revamped Enviro Rights

    It's been one year since the Pennsylvania Supreme Court affirmed that the public's right to clean air and pure water was on equal footing with more fundamental concepts like the right to free speech, and experts say that judges are still grappling with how to apply the idea in high-stakes environmental litigation.

  • June 22, 2018

    ITC Scraps Commerce’s Proposed Resin Tariffs On India

    The U.S. International Trade Commission said Friday that subsidized Indian imports of a resin product used for non-stick pans were not harming domestic industries, tossing the U.S. Department of Commerce’s proposed countervailing duty of 3.6 percent.

Expert Analysis

  • The Wayfair Brief: What You Should Know

    Clark Calhoun

    Alston & Bird LLP submitted an amicus brief on behalf of Americans for Tax Reform in South Dakota v. Wayfair. Two of the firm's attorneys, Clark Calhoun and Andrew Yates, analyze the fine points of the U.S. Supreme Court's majority and dissenting opinions in this case and offer recommendations for states and online retailers going forward.

  • High Court Kills Quill, But What's Left?

    Craig Fields

    While much attention will be paid to the decision in South Dakota v. Wayfair, the questions that the U.S. Supreme Court has left for another day are just as important, say attorneys at Morrison & Foerster LLP.

  • New Steel Measures Are A Test For ITC Sunset Reviews

    Jay Campbell

    The U.S. government regularly conducts “sunset reviews” to determine whether an existing anti-dumping or countervailing duty order should be revoked. The agency that reviews these orders tends to lean heavily in favor of keeping the duties — but the recently imposed steel tariffs make continuation of these other trade remedies harder to justify, says Jay Campbell of White & Case LLP.

  • Energy Storage: Are We There Yet?

    Paul Kraske

    2018 has proven to be a turning point for energy storage in the U.S. Affordable, reliable batteries, ambitious state capacity goals and a major policy shift from the Federal Energy Regulatory Commission have created an ideal environment for energy storage to grow at a fast rate, say Paul Kraske and Zahir Rahman of Skadden Arps Slate Meagher & Flom LLP.

  • Tax Relief Under Tax Cuts And Jobs Act? Not For Debtors

    Scott Grossman

    The Tax Cuts and Jobs Act has been lauded as being generally beneficial to corporate taxpayers — but not so for corporate debtors, whose ability to reorganize and emerge under a Chapter 11 plan has been significantly and negatively impacted by the change, say Scott Grossman and Kenneth Zuckerbrot of Greenberg Traurig LLP.

  • Roundup

    FLSA Turns 80

    FLSA Thumbnail

    Originally signed by President Franklin D. Roosevelt on June 25, 1938, the Fair Labor Standards Act turns 80 this year. Here, attorneys most familiar with the statute provide different perspectives on the law’s impact and development over the course of its history.

  • Real Estate Investors, Quintuple Your Deductions Under TCJA

    Steve Moskowitz

    Tax reform, and specifically Internal Revenue Code Section 199A, has created new planning opportunities for real estate investors and brokers. Although the provision is quite complex, there are huge potential savings available to commercial real estate investors, says Steve Moskowitz of Moskowitz LLP.

  • Cheers To 80 Years Of The Food, Drug, And Cosmetic Act

    Ebunola Aniyikaiye

    Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.

  • What New FWS Take Guidance Means For Permit Applicants

    Wayne Whitlock

    New guidance from the U.S. Fish and Wildlife Service clarifies when habitat modification triggers an incidental take permit, who decides whether a permit is needed and who takes the risk, creating significant implications for private project proponents considering whether to seek an incidental take permit and prepare a habitat conservation plan, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • English-Only Rules In Today’s Multicultural Workplace

    Alex Lee

    Several recent events — including a lawsuit against grocery chain Albertsons filed by the U.S. Equal Employment Opportunity Commission — highlight that many employers may not be well-acquainted with the nuances of the law regarding English-only rules, despite the high potential for such sensitive issues to create problems, says Alex Lee of Einhorn Harris Ascher Barbarito & Frost PC.