A deeply divided United States Supreme Court (SCOTUS), in Michigan v. EPA, today held that the Environmental Protection Agency (EPA) “strayed well beyond the bounds of reasonable interpretation in concluding that cost is not a factor relevant to the appropriateness of regulating power plants.”
DOJ Shifts Position On Web Access: Stating in Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make Websites Accessible
What a difference five years makes. In September 2010, the Justice Department (DOJ) announced in an Advanced Notice of Proposed Rulemaking (ANPRM) that it would issue new regulations under Title III of the ADA to address the accessibility of public accommodations websites.
The CFPB announced on June 17 that it would delay the effective date of the “Know Before You Owe” rule until October 1, 2015.
On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to support a discrimination claim.
Monday Morning Regulatory Review: Fracking Rule Stayed; Gainful Employment Passing Grade; & ACUS Recommendation
Aside from the United States Supreme Court (SCOTUS)’s end of Term fireworks (covered previously and later today), a few highlights in regulatory practice from the last week included a stay of the Department of the Interior (DOI)’s hydraulic fracturing rule for federal and Indian lands and summary judgment in favor of the Department of Education (ED) regarding part of its efforts to reign in for-profit colleges.
In the world of GAO protests, as in life, its generally best to go with the rule – not the exception.
KBR V. US Ex Rel. Carter—a Plain-meaning Approach to the Wartime Suspension of Limitations Act and the False Claims Act First-to-file Bar
The Supreme Court’s decision in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, No. 12-1497 (U.S. May 26, 2015) [pdf], holds that the Wartime Suspension of Limitations Act applies only to criminal offenses.
The United States Supreme Court (SCOTUS) today decided, in King v. Burwell, that the Patient Protection and Affordable Care Act (Obamacare or PPACA) permitted health care insurance premium tax subsidies for those enrolled in Federal Exchanges, not just State Exchanges.
Company communications with government authorities about potential criminal activity or wrongdoing by the company’s employees may expose that company to liability for defamation; that is, unless those communications are considered privileged.