United States: Constitutional & Administrative Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
West Virginia Files Constitutional Challenge To In-State Renewable Energy Requirements
West Virginia has filed a constitutional lawsuit challenging Pennsylvania's renewable portfolio standards, arguing they violate the Commerce Clause by requiring certain renewable energy generators to be physically located in-state to participate in credit markets. The case could have far-reaching implications for similar renewable energy requirements in Massachusetts, New Jersey, Virginia, and other states that impose geographic restrictions on renewable energy credit eligibility.
United States Energy
JD
Jones Day
Article
“Can They Search My Phone At The Airport?” U.S. Court Of Appeals Issues Decision On “Border” Cellphone Searches
The Second Circuit Court of Appeals ruled that federal officers may manually search travelers' cellphones at international airports without a warrant, probable cause, or reasonable suspicion. The decision in United States v. Alisigwe establishes broad border-search authority while leaving unresolved whether more sophisticated forensic examinations require individualized suspicion of wrongdoing.
United States Criminal
BB
Baker Botts LLP
Article
Education Department Formally Repeals 2024 Title IX Rule, Formalizes 2020 Rule Status Quo
The U.S. Department of Education has formally rescinded the 2024 Title IX regulations and reinstated the 2020 framework, with one notable modification stemming from prior litigation. This regulatory shift reaffirms the Education Department's position on sex-separated facilities and athletics based on biological sex, while clarifying compliance obligations for educational institutions navigating Title IX requirements.
United States Government
HK
Holland & Knight
Article
New York Court Strikes Down Pied-À-Terre Tax Rollout, While Constitutional Challenges Mount
A New York Supreme Court Justice has struck down the rollout of the pied-à-terre tax, ruling the Department of Finance's implementation plan arbitrary and capricious. The decision comes as two new constitutional challenges are filed against the tax, with prominent figures including former Commerce Secretary Wilbur Ross arguing it unconstitutionally targets nonresidents of New York City.
United States Tax
HL
Hogan Lovells Cadwalader
Article
California Links Data Center Permitting And Licensing To New Water Use Disclosure And Drought Planning Obligations
California has enacted comprehensive legislation requiring data center developers to disclose water usage and demonstrate supply adequacy before obtaining permits. These new laws impose water supply assessments, efficiency reporting, and drought contingency planning obligations that fundamentally reshape the regulatory landscape for data center development in the state.
United States Environment
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
Community Bank Group Sues OCC Over National Bank Charters
On October 2, a community banking trade association filed a lawsuit against the OCC in the U.S. District Court for the District of Columbia, challenging the agency's authority to grant national trust bank charters to cryptocurrency companies. The complaint alleges that the OCC exceeded its authority under the National Bank Act (NBA) and violated the Administrative Procedure Act (APA) by permitting institutions that neither accept deposits nor primarily engage in fiduciary activities to obtain national trust bank charters.
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
DOJ Revises The Justice Manual — But Will FCA Enforcement Change?
The U.S. Department of Justice has announced significant revisions to its Justice Manual affecting False Claims Act enforcement, particularly regarding the use of guidance documents in civil and criminal actions and the dismissal of qui tam lawsuits. These changes reinstate 2017 policies while adding substantial new detail about when and how DOJ may rely on sub-regulatory guidance in enforcement proceedings, and signal a potentially more active approach to evaluating whether private whistleblower actions
United States Government
AP
Arnold & Porter
Article
Federal Agencies Announce Supplemental Proposed “Waters Of The United States” Rule
The EPA and Army Corps of Engineers have published a Supplemental Notice of Proposed Rulemaking seeking comment on revised definitions of "waters of the United States" under the Clean Water Act. The proposed rules aim to clarify federal jurisdiction following the Supreme Court's Sackett decision, with alternative definitions for "relatively permanent" waters and "continuous surface connection" wetlands that could significantly narrow the scope of federal regulatory authority.
United States Environment
SP
Sive, Paget & Riesel
Article
From Compliance To Virtuous Conduct
Lawyers in Washington must follow the Washington Rules of Professional Conduct (“RPC”). These rules impose duties involving competence, diligence, communication, confidentiality, conflicts of interest, candor, fairness, and the administration of justice. Compliance protects clients, supports the legal system, and promotes public confidence in the profession. But does following the RPCs make a lawyer, or any person, virtuous? Not by itself. Following the RPCs is necessary for responsible legal practice, and doing so consistently may reflect important virtues.
United States Commercial
BB
Beresford Booth
Article
California Enacts AB 1751: Streamlined Path For Missing Middle Townhome Development
California's new Missing Middle Townhome Ownership Act establishes a groundbreaking ministerial approval pathway for townhome developments of up to 150 units, eliminating CEQA review and discretionary hearings. The legislation creates unprecedented opportunities for attainable homeownership by streamlining entitlements, reducing construction timelines, and enabling flexible ownership structures including fee-simple lots, cooperatives, and community land trusts. With the potential to unlock thousands of parc
United States Real Estate
HK
Holland & Knight
Article
Last Call For Public Comment On DHS Cyber Incident Reporting Rules: CISA Sends CIRCIA Final Rule To OMB, Opening Window For Last-Minute Stakeholder Engagement
The Cybersecurity and Infrastructure Security Agency's final rule implementing the Cyber Incident Reporting for Critical Infrastructure Act has advanced to White House Office of Management and Budget review, signaling the rulemaking process may be nearing completion. This development creates a narrow window for stakeholders to engage with the Administration through EO 12866 meetings to address concerns about regulatory harmonization, compliance burdens, and implementation timelines before the rule is finali
United States Technology
WR
Wiley Rein
Article
The Next Clinical Trial Compliance Frontier: Participant Support
Ankura's latest insights explore critical challenges across freight logistics, clinical trial compliance, cryptocurrency enforcement, parcel shipping costs, sanctions relief risks, cybersecurity threats, mortgage industry pressures, healthcare labor shortages, AI governance, and financial transformation. How are organizations navigating these complex operational, regulatory, and strategic landscapes in 2026?
United States Litigation
AC
Ankura Consulting Group LLC
Article
WOTUS 2026: The Pendulum Swings Narrower Still As Agencies Supplement Their Proposal
The Environmental Protection Agency and U.S. Army Corps of Engineers have issued a supplemental proposal that would dramatically narrow the definition of federally regulated waters under the Clean Water Act, requiring perennial flow for tributaries and year-round surface water connections for wetlands. This September 2026 proposal responds to public criticism of earlier standards and could exclude many intermittent streams and seasonal wetlands from federal jurisdiction. Stakeholders have until October 9, 2
United States Environment
Wa
Ward and Smith, P.A.
Article
Federal Court Halts Stehekin Road Project
On September 28, 2026, a Seattle federal court in North Cascades Conservation Council v. National Park Service issued a temporary restraining order (TRO) halting construction of a road segment within the channel of the Stehekin River in the North Cascades National Park Complex, after finding a strong likelihood that the National Park Service (NPS) violated the National Environmental Policy Act (NEPA) by relying on a categorical exclusion that did not adequately consider impacts to aquatic habitat and ecology.
United States Environment
BD
Beveridge & Diamond
Article
FARA’s Future: DOJ Signals Regulatory Revisions And Heightened Enforcement Action
The US Department of Justice has signaled a potential expansion of enforcement under the Foreign Agents Registration Act (FARA) and Section 951, despite earlier indications of limited criminal enforcement. Recent regulatory developments, policy announcements, and high-profile prosecutions of US officials suggest a renewed focus on foreign agent disclosure requirements and potential criminal liability for undisclosed relationships with foreign governments.
United States Government
W
WilmerHale
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