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In Landmark TSCA Decision, Fifth Circuit Vacates EPA’s Methylene Chloride Rule, Limits EPA’s Interpretation of “Unreasonable Risk”
On September 15, 2026, a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit vacated the EPA’s 2024 risk management rule for methylene chloride and the unreasonable-risk determination underlying it. East Fork Enterprises, Inc. v. EPA, Nos.…
HHS Secretary Announces Intent to Extend HHS-OIG Exclusion Authority to CMS, Expanding the Administration’s Anti-Fraud Campaign
HHS Secretary Robert F. Kennedy Jr. recently announced that he would give CMS the authority to exclude individuals and entities from participation in federal health care programs, an authority previously held only by HHS-OIG. While the announcement has not been…
DOJ Announces Largest Settlement Yet in Drive to Use the FCA to Target Alleged Employment Discrimination
Earlier this week, the Department of Justice (“DOJ”) announced a $25 million settlement with three Accenture entities to resolve allegations that they violated the FCA by engaging in conduct DOJ alleges violated Title VII and Federal Acquisition Regulation (“FAR”) clause…
EPA Issues Final Rule Repealing Most 2024 Power Plant GHG Standards and a Proposal That Would Eliminate the Remaining Power Plant GHG Standards
On September 14, 2026, the U.S. Environmental Protection Agency (EPA) took two related actions to substantially change the federal framework for regulating greenhouse gas (GHG) emissions from fossil fuel-fired power plants under Clean Air Act Section 111.
The post…
Hiding the Ball Has Consequences: Delaware Supreme Court Reverses on Justifiable Reliance in M&A Fraud Claim
In Paragon Metals Holdings LLC v. Smith, No. 385, 2025 (Del. July 1, 2026), the Delaware Supreme Court held that a buyer could justifiably rely on representations in an acquisition agreement even though its due diligence failed to uncover…
EPA + OSHA: Better Together? EPA Aligns EPCRA Chemical Reporting With OSHA’s Hazard Communication Standard
Over the summer, the U.S. Environmental Protection Agency (EPA) published a final rule amending the Emergency Planning and Community Right-to-Know Act (EPCRA) hazardous chemical inventory reporting regulations, at 40 C.F.R. Part 370, which became effective on August 21, 2026. The…
NHTSA Reverses Course on Standalone Engine Fuel Economy Standards for Medium- and Heavy-Duty Vehicles
On August 31, 2026, the National Highway Traffic Safety Administration (NHTSA) published an interpretive rule concluding that it lacks statutory authority to establish standalone fuel economy standards for engines used in certain commercial medium-duty and heavy-duty (MDHD) on-highway vehicles. The…
Court of Chancery Confirms No Price-Maximization Duty on Public Benefit Corporation Directors
In Drakes Landing Associates, L.P. v. Tilden Park Capital Management, L.P. (Del. Ch. July 29, 2026), the Delaware Court of Chancery confronted an issue of first impression: how, if at all, the Revlon enhanced-scrutiny framework applies when the board of…
EPA and the Army Corps Seek Comment on Another WOTUS Alternative for Implementing Sackett v. EPA
On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and the Department of the Army, U.S. Army Corps of Engineers (together, the agencies), announced a supplemental notice of proposed rulemaking (SNPRM) that requests additional public input on rules the…