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Texas Lawyer

PFAS Manufacturer's Ignorance Stymies EPA Effort to Enforce Ban

Inhance argues the EPA exceeded its authority because the company's 40-year-old fluorination process is not a "significant new use" under the Toxic Substances Control Act.
3 minute read

Texas Lawyer

It Took a Decade, But FDA Wins Case Over Tobacco Warning Labels

U.S. Fifth Circuit Judge Jerry Smith concluded the district court erred when finding the government compelled speech caselaw the FDA relied upon did not apply.
3 minute read

National Law Journal

'Reason to Worry': Ex-DC Circuit Judge Warns of SCOTUS' Embrace of 'Major Questions' Doctrine

David Tatel also voiced concern for the fall of "Chevron deference."
4 minute read

Texas Lawyer

Judge Pittman Slaps Down U.S. Chamber: Your Case Is Not Most Important

"The court does not have the luxury to give increased attention to certain cases just because a party to the case thinks their case is more important than the rest," Fort Worth's U.S. District Judge Mark T. Pittman said.
6 minute read

Texas Lawyer

Texas Supreme Court Hears Objection to Electric Grid Price-Fixing Rule

"This case is really about protecting the market and reining in the agency's overreach," Kurt Kuhn for the respondent wholesale electric power providers said.
4 minute read

National Law Journal

'Troubling Dicta': Dissenting Judges Say Nuclear Waste Ruling Deepens Circuit Split

"This exercise of jurisdiction has grave consequences for regulated entities' settled expectations," Fifth Circuit Judge Stephen Higginson wrote in dissent.
4 minute read

Litigation Daily

Litigator of the Week: Akin's Pratik Shah Helps the Chamber Block the NLRB's 'Joint Employer' Rule

Representing the U.S. Chamber of Commerce and other business groups, Shah secured a summary judgment decision striking down the rule that could have held companies liable as the employer of workers provided by staffing agencies or hired by franchisees.
5 minute read

New York Law Journal

We Say 'YES' to the 'City of Yes' for Economic Opportunity

The authors discuss New York's "City of Yes" zoning amendments pertaining to carbon neutrality.
8 minute read

National Law Journal

On 'Chevron' Deference and a Path Forward

"If Chevron is overturned or modified in a significant way by the Court, some impacts will be immediate," the writers state. "For one, it will affect current litigation, such as the lawsuits that have been filed to challenge the Department of Labor's independent contractor rule, the Davis-Bacon reform rule, and the ESG investing rule."
6 minute read

National Law Journal

5th Circuit Seems Wary of Challenge to SEC Influence Over Shareholder Proposals on Proxies

Under the Securities Exchange Act, the SEC takes enforcement actions against companies that keep proposals off ballots without adequate justification.
4 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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