Topic
Enforcement Discretion
29 published works
As Prescribed
New FDA Digital Health Pilot, Same FDA Enforcement Discretion
By Morgan Lewis
On December 8, 2025, FDA announced a pilot for certain digital health devices in connection with the Center for Medicare and Medical Innovation’s (CMMI’s) Advancing Chronic Care with Effective, Scalable…
The Insightful Immigration Blog
Should Trump’s Lawyers Implementing Policies That Hurt Immigrants be Concerned About Violating Their Ethical Obligations?
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box* On January 23, 2025, Acting Secretary of the Department of Homeland Security, Benjamine C. Huffman issued a memorandum entitled “Guidance Regarding How to…
Inside Privacy
HHS Issues Notice of Expiration of COVID-19 HIPAA Enforcement Discretion
By Libbie Canter, Anna D. Kraus, Elizabeth Brim
On April 11, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that four Notifications of Enforcement Discretion (“Notifications”) that were issued under the…
Health Law Diagnosis
OCR Reminder: Pandemic-Era HIPAA Flexibilities Will End May 11, 2023
By Conor Duffy
On April 11, 2023 – one month in advance of the end of the COVID-19 public health emergency (PHE) on May 11, 2023 – the federal Office for Civil Rights…
Law & The Environment
Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion
The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen…
Global Policy Watch
Picking Battles: The FEC and the Constitution
By Robert Lenhard, Zachary G. Parks
Perhaps no citation has been more favored in Federal Election Commission (“FEC”) decisions over the past decade than Heckler v. Chaney, 470 U.S. 821 (1985), a Supreme Court decision that gives…
Environmental Law Next
EPA Announces Plan to Terminate COVID-19 Enforcement Discretion Policy on August 31, 2020
The United States Environmental Protection Agency (“EPA”) recently announced that it will be terminating its temporary enforcement discretion policy on August 31, 2020 at 11:59 PM Eastern Daylight Saving Time. In general,…
The Nickel Report
EPA Sets Termination Date for Temporary Enforcement Policy
By J. Tom Boer, Samuel L. Brown, Todd S. Mikolop, Lauren A. Bachtel, Alexandra Hamilton
As states are seeing an increase in COVID-19 cases and pausing reopening efforts, the US Environmental Protection Agency (EPA) has forged ahead with setting a definite termination date for its…
HeplerBroom Blog
Illinois Government Responses to COVID-19 – Updated 4/21/2020
By Beth Bauer
Today’s update discusses The Illinois Environmental Protection Agency’s launch of a COVID-19 Information website and a statement regarding enforcement discretion during the pandemic. Additionally, this update will cover which local governments…
Environmental Law & Policy Monitor
State and Environmental Group Opposition to EPA’s COVID-19 Enforcement Discretion Policy Intensifies
By Todd Fracassi, Randy Brogdon, Patrick Fanning
Todd Fracassi, Pepper Hamilton Mitchell Guc, Pepper Hamilton Randy Brogdon, Troutman Sanders Patrick Fanning, Troutman Sanders In the three weeks since the U.S. Environmental Protection Agency (EPA) issued its much-discussed…