Administrative Law

Beer Brewer is Victorious in Battle over ‘Legal Weed’ Bottle Caps

A small California brewer who stood his ground in the face of threatened federal regulatory enforcement over his tongue-in-cheek bottle caps has won the regulatory battle. Adverse publicity has helped persuade the feds that the phrase “Legal Weed” on the Mt. Shasta Brewing Co.’s beer bottle caps is neither confusing…

Sep 2, 2008 6:08 PM CDT

Gulp

Litigation won’t end the battles over depleted water resources in several regions of the United States

Sep 1, 2008 1:00 PM CDT

Naked Naturists Win Another Round in California Park Case

Officials who have for years turned a blind eye to public nudity in an isolated area of San Onofre State Beach, unless someone complained, can’t change that enforcement policy now without a public hearing, a California judge ruled yesterday. Following complaints of lewd behavior, the California Department of Parks and…

Aug 28, 2008 5:31 PM CDT

Off-Label Drugs Will Be Next Enforcement Focus, Law Prof Predicts

Every year, when Dallas attorney Steve Kardell kicks off the corporate compliance and governance class he teaches at Southern Methodist University’s Dedman School of Law, he starts by predicting the subject of the next wave of company scandals. Last year, he pointed to subprime lending. The year before, it was…

Aug 27, 2008 3:39 PM CDT

Feds Poised for NYC Crackdown re Claimed Fair Housing Construction Violations

Although real estate developers and property managers deny wrongdoing, it appears that perhaps 100,000 rental apartments built in New York City since 1991 may have to be retrofitted. That’s because they allegedly don’t meet federal requirements under the Fair Housing Act for accessibility by physically handicapped residents. “The United States…

Aug 25, 2008 7:15 PM CDT

More Key Senators Seek to Delay AG’s Planned Investigative Guidelines

Four senior Democratic senators joined today with leaders of the Senate Judiciary Committee in calling for further public review before new investigative guidelines planned by Attorney General Michael Mukasey become effective. The guidelines, which Mukasey says are needed to fight terrorism effectively, are now set to be finalized by the…

Aug 20, 2008 11:08 PM CDT

Judge Sides With Nudists in Calif. Swimsuit Case

Nudists who for three decades have reportedly been frequenting a beach in San Diego County without any significant public objection can continue to let it all hang out a while longer. An Orange County judge says administrative law is on the nudists’ side, so state parks officials can’t require them…

Aug 20, 2008 6:36 PM CDT

New Regulations Threaten Parts of Endangered Species Act

For years, Congress has resisted efforts to curtail the scope of the Endangered Species Act. But now, in an end run around the legislative process, the Bush administration has introduced planned new regulations that would have much the same effect. The regs, which are now subject to a 30-day comment…

Aug 12, 2008 6:04 PM CDT

New Federal Reg Could Restrict Birth Control & Abortion Rights

Traditionally, a human embryo has been defined as a fertilized egg that has latched onto the uterine wall. But a draft regulation by the U.S. Department of Health and Human Services seeks to expand that definition to include fertilized eggs before they become embedded in the uterus. Under that definition,…

Aug 8, 2008 4:19 PM CDT

Alaska Sues Feds Over Polar Bear Listing as Threatened Species

In a battle between environmental and business concerns, the state of Alaska has sued U.S. Interior Secretary Dirk Kempthorne, seeking to overturn his designation of the polar bear as a threatened species, under the Endangered Species Act. “Gov. Sarah Palin and other state officials fear a listing will cripple offshore…

Aug 5, 2008 6:33 PM CDT

SEC Eases Disclosure Rules Under Reg FD

Corporations may now sometimes fulfill their public disclosure requirements under Regulation FD by posting information on their websites and blogs rather than having news releases distributed by third-party companies, according to new guidance issued by the U.S. Securities and Exchange Commission. The move is expected to cut compliance costs. However,…

Aug 1, 2008 9:19 PM CDT

Lawyer Named in UBS Case; Auction-Rate Probe of Citigroup, Too

A high-level lawyer at UBS AG is reportedly at the center of the New York attorney general’s civil investigation of the Swiss bank’s sale of auction-rate securities. Although David Aufhauser, general counsel for the UBS investment banking unit, isn’t named, he is “Executive A” in a lawsuit filed by Attorney…

Aug 1, 2008 8:36 PM CDT

Proposed Reg Allows Health Workers to Opt Out of Birth Control, Abortions

A controversial draft regulation would require hospitals and other health-care entities that receive federal funds to allow workers to opt out of providing care that violates their moral and religious convictions. Critics say the proposal by the Department of Health and Human Services could affect access to abortions and birth…

Jul 31, 2008 11:55 AM CDT

FDA IDs Likely Source of Recent Salmonella Outbreak

Officials believe they have identified the source of a Salmonella strain that sickened some 1,300 people in the U.S. and Canada in recent months. A positive identification has been made between the Salmonella saintpaul that caused the outbreak and irrigation water on a Mexican farm, according to testimony before Congress…

Jul 30, 2008 7:39 PM CDT

Proposed New ADA Regs Concern Both Sides

Proposed revisions to the regulations implementing the Americans With Disabilities Act were published in the Federal Register last month by the Department of Justice, giving both the businesses required to comply with the standards and advocates for those protected by them cause for concern. Business owners—especially small-business owners—are worried about…

Jul 25, 2008 9:37 PM CDT