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A Court-Side Seat: OSHA, Air and Waters

Gravel2Gavel

The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. Truck Trailer Manufacturers Association, Inc. by Anthony B. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. See 81 FR 73478.)

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CMS Finalizes Guidance on Medicare Part D Manufacturer Discount Program

FDA Law Blog

As part of this change, the Coverage Gap Discount Program (CGDP), a program that has existed since 2011, will sunset on December 31, 2024, and be replaced by the Medicare Part D Manufacturer Discount Program (the “Discount Program”). CMS will send the final manufacturer invoice for discount liabilities accrued by then on April 30, 2028.

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Immigration, takings, administrative law and the kitchen sink

SCOTUSBlog

The government takes the position that the statute forecloses only review of discretionary decisions not to grant relief, not factual findings that are factored into those decisions.) The court also has a pair of new administrative law cases, both captioned American Hospital Association v. Becerra and with consecutive numbers.

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Customs and Trade Law Weekly Snapshot

Customs & International Trade Law

Here is a recap of the latest customs and international trade law news: FDA. On May 9, 2022, the FDA issued a Constituent Update stating that Glanbia Performance Nutrition (Manufacturing), Inc. The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute.

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. Axon Enterprise, Inc. rescheduled before the Nov.

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Customs and Weekly Trade Snapshot

Customs & International Trade Law

DOC is rescinding the administrative review of the countervailing duty (CVD) order on certain non-refillable steel cylinders (non-refillable cylinders) from the People’s Republic China (China), covering the period August 28, 2020, though December 31, 2021. . Secretary of Commerce has determined that U.S. Limited (‘‘Top Golf’’) in default.

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The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks

ClimateChange-ClimateLaw

Under Chevron , a reviewing court examines the statute under which an agency claims the authority to regulate, to see if Congressional intent is clear. If a reviewing court were to show no deference to past practice, nor a willingness to read the agency’s enabling statute deferentially, it could hamstring the agency’s ability to regulate.

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