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
Federal Court Enjoins Enforcement Of California’s SB 343 Recyclability Labeling Restrictions
A federal court has issued a preliminary injunction blocking California's enforcement of SB 343, the state's recyclability labeling law, just months before its scheduled October 2026 enforcement date. The court found that key provisions of the statute are likely unconstitutionally vague and that the law impermissibly restricts protected commercial speech under the First Amendment. This decision significantly impacts companies that have been preparing compliance strategies for the law's strict recyclability
United States Consumer
FK
Frankfurt Kurnit Klein & Selz
Article
Federal Court Pauses California’s SB 343 Recyclability Labeling Law: What Companies Should Know
A federal court has temporarily blocked California's SB 343, a law restricting recyclability claims on product packaging, finding it likely violates constitutional protections for commercial speech. The ruling raises questions about how states can regulate environmental marketing claims and whether disclosure-based approaches might be more constitutionally sound than outright prohibitions.
United States Consumer
JD
Jones Day
Article
Ninth Circuit Affirms Injunction Against FinCEN Border GTO, Holding It Is Likely A Rule Requiring Notice-And-Comment Rulemaking
On July 13, 2026, a divided Ninth Circuit panel in Novedades y Servicios, Inc. v. Financial Crimes Enforcement Network affirmed a preliminary injunction barring the government from enforcing the March 2025 Southwest Border Geographic Targeting Order (Border GTO), issued by the Financial Crimes Enforcement Network (FinCEN)...
United States Finance
SR
McDermott Will & Schulte
Article
GAO Confirms Cyber Reporting Burdens As CIRCIA Rules Loom
The Government Accountability Office has identified 117 existing cybersecurity regulations across 37 federal agencies, with 70% imposing duplicative reporting requirements on critical infrastructure entities. As CISA prepares to finalize new CIRCIA reporting rules, regulated companies face an expanding maze of overlapping obligations that divert resources from security improvements to compliance activities.
United States Government
WR
Wiley Rein
Article
OSHA Recordkeeping Win For Employers: Fifth Circuit Rejects Requirement To Log Mental Health Conditions
A federal appeals court has ruled that OSHA overstepped its authority by mandating employers record mental health conditions like PTSD on workplace injury logs. The decision arose from a case involving a refinery worker diagnosed with PTSD after responding to a catastrophic explosion, raising fundamental questions about the scope of workplace safety recordkeeping requirements.
United States Employment
JW
Jones Walker
Article
State Environment Review Amendments Take Effect: Key Changes For Agencies And Project Sponsors
New York State has amended its SEQRA regulations to formally incorporate environmental justice considerations and climate impact assessments into the environmental review process. The changes require agencies to evaluate whether proposed actions may disproportionately burden disadvantaged communities and align with statewide climate goals. These amendments, effective June 12, 2026, introduce new Environmental Assessment Forms and expand the list of Type II actions exempt from review.
United States Environment
BS
Bond, Schoeneck & King PLLC
Article
Governing By Shortcut – Congress Is Losing Ability To Function Through Regular Order
Congress increasingly relies on pre-negotiated, leadership-driven shortcuts shaped by Senate filibuster constraints rather than traditional committee-led processes. This shift is eroding institutional capacity and transparency, as major legislation is now crafted upstream with bipartisan compromise built around procedural hurdles. How is this transformation affecting the legislative branch's ability to function effectively?
United States Government
SJ
Steptoe LLP
Article
Open For Business At Home: What North Carolina’s New Home-Based Business Law Means For Local Governments, HOAs, And Property Owners
North Carolina's new Session Law 2026-51 fundamentally changes how municipalities can regulate home-based businesses, creating protections for qualifying "no-impact" operations while preserving HOA authority. Understanding whether your business qualifies and how both public regulations and private covenants apply requires careful analysis of specific operational characteristics and governing documents.
United States Real Estate
Wa
Ward and Smith, P.A.
Article
State AG News: Robocalls, Fintech, Administrative Law (July 9-16, 2026)
State attorneys general across the nation are taking decisive action on multiple fronts, from securing major settlements over data breaches and consumer protection violations to challenging federal policy changes affecting education and grant funding. This week's developments showcase coordinated multistate efforts addressing digital privacy, financial fraud, and the protection of vital public services.
United States Government
CM
Crowell & Moring LLP
Article
Statutory Discrimination Claims And Constitutional Claims Opposing DEI Initiatives Receive Different Treatment In The Seventh Circuit – Practical Takeaways For Employers
A federal appeals court decision illustrates how public employers defending DEI-related challenges must navigate distinct legal frameworks. While opposition to diversity initiatives alone may not sustain a Title VII discrimination claim, constitutional protections like the First Amendment can create separate vulnerabilities that require careful consideration when implementing workplace equity programs.
United States Employment
BS
Ballard Spahr LLP
Article
The New Jersey Supreme Court Modifies the Long-Standing Test for Inherently Beneficial Use Variances
The New Jersey Supreme Court has fundamentally altered the framework for evaluating use variance applications involving inherently beneficial uses such as hospitals, schools, and senior living facilities. This landmark decision requires zoning boards to conduct a more rigorous analysis of whether proposed developments substantially impair municipal zoning plans before proceeding with traditional balancing tests. The ruling represents the most significant revision to the state's use variance doctrine in over
United States Real Estate
CS
Cole Schotz P.C.
Article
Senate Banking Committee Schedules Confirmation Hearing For CFPB Director Nominee Brian Johnson
The Senate Banking Committee has scheduled a confirmation hearing for Brian Johnson, President Trump's nominee to lead the Consumer Financial Protection Bureau. The hearing comes at a critical juncture as the CFPB undergoes significant restructuring efforts and faces multiple high-profile court proceedings. Johnson's testimony is expected to provide the first detailed public indication of his priorities for the Bureau and its future direction under the Trump Administration.
United States Government
BS
Ballard Spahr LLP
Article
U.S. Enforcement Trends: 2025 Retrospective
The U.S. enforcement landscape is undergoing a recalibration as political realignment, personnel cuts, and a heightened focus on geopolitics reshape how and when the U.S. deploys its regulatory enforcement authority. Agencies are pulling back from broad enforcement to focus on core mandates, with antitrust fines falling sharply and the SEC signaling decreased enforcement volume. National security and competition with China increasingly drive enforcement priorities, while FCPA enforcement has been sharply cu
United States Government
AO
A&O Shearman
Podcast
Immigration Insights Episode 28 | EB-5 Deadline Alert: Key Considerations Before September 30 (Podcast)
Immigration attorneys Kate Kalmykov and Jennifer Hermansky examine the critical September 30 grandfathering deadline for EB-5 regional center investors, explaining what protections it offers and what risks remain even after filing. They also analyze recent favorable Administrative Appeals Office decisions on partial investment cases and discuss USCIS's newly released Notice of Proposed Rulemaking implementing the EB-5 Reform and Integrity Act.
United States Immigration
GT
Greenberg Traurig, LLP
Article
Major Overhaul Of F-1, J-1: End Of "Duration Of Status" Or "D/S" - Fixed Admission Periods And New Extension Of Stay Requirements
The Department of Homeland Security has published a final rule eliminating the long-standing "duration of status" framework for F-1 students, J-1 exchange visitors, and I foreign media representatives, replacing it with fixed admission periods capped at four years. Students and exchange visitors who need additional time will now be required to file Extension of Stay applications with USCIS or depart and re-enter the United States. The rule, effective September 15, 2026, introduces significant restrictions o
United States Immigration
WL
Withers LLP
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