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U.S. Chamber Sues EPA and Army Corps Over Water Regulatory Overreach
Recent Activity
Results are sorted by the date of most recent activity.
March 15, 2023
U.S. Chamber files coalition amicus brief urging en banc Eleventh Circuit to hold that the Federal Insecticide, Fungicide, and Rodenticide Act preempts state failure-to-warn claims that would conflict with the Environmental Protection Agency’s determinations about a product. This is the fourth amicus brief the Chamber has filed in this case.
March 15, 2023
Georgia Supreme Court upholds Georgia’s statutory cap on punitive damages under the state constitution. The U.S. Chamber filed a coalition amicus brief supporting this outcome.
March 13, 2023
Petition dismissed due to settlement. The U.S. Chamber filed an amicus brief in this case.
March 13, 2023
U.S. Chamber files coalition amicus brief urging Ninth Circuit to recognize that the Supreme Court’s recent decision in Viking River has invalidated California’s anti-arbitration McGill rule.
March 13, 2023
California Court of Appeal upholds Proposition 22, preserving independent-contractor model in the state, but severs clause that restricted collective bargaining by workers. The U.S. Chamber filed an amicus brief in support of Proposition 22.
March 10, 2023
U.S. Chamber files coalition amicus brief urging Illinois Supreme Court to grant petition for rehearing and reject a “per-scan” accrual rule under the Illinois Biometric Information Privacy Act, or, in the alternative, provide meaningful guidance to lower courts on the principles that govern their exercise of discretion in setting the amount of damages.
March 9, 2023
District court dismisses claims for breach of fiduciary duty under ERISA, holding that the plaintiffs’ conclusory allegations failed to plausibly allege that the recordkeeping fees were excessive when compared to the services rendered. The U.S. Chamber filed an amicus brief supporting this result.
March 8, 2023
Ninth Circuit holds that plaintiffs lack standing to sue their employer’s health insurance broker for its receipt of commissions from third-party insurers. The U.S. Chamber filed an amicus brief supporting this outcome.
March 8, 2023
U.S. Chamber files amicus brief arguing that claims seeking to impose liability for the effects of global climate change -- regardless of how they are labeled -- are inherently federal, require the application of federal common law, and are removable to federal court. This is so even if the plaintiff’s claims purportedly relate to the marketing and sale of fossil fuels, rather than the emissions themselves.
March 8, 2023
U.S. Chamber and co-plaintiffs file reply in support of motion for preliminary injunction against the Biden Administration’s “phase 1” Waters of the United States Rule.
March 7, 2023
Second Circuit holds that PREP Act completely preempts only willful misconduct claims, though it provides broader immunity defenses for other state-law claims arising out of the administration of covered countermeasures in the fight against COVID-19.
March 6, 2023
U.S. Chamber files amicus brief urging Supreme Court to hold that a Minnesota law allowing the State to seize real property to satisfy a tax debt and retain the surplus, even where the value of the property seized far exceeds the size of the applicable debt violates the Takings and the Excessive Fines Clauses of the Constitution.
March 6, 2023
U.S. Chamber files coalition amicus brief urging California Supreme Court to hold that California law favors severability of unconscionable provisions in contracts and arbitration contracts are no exception.
March 3, 2023
Texas Supreme Court unanimously reverses toxic-tort judgment, reaffirming that plaintiffs must prove causation with reliable expert testimony accounting for potential alternative causes. The U.S. Chamber filed an amicus brief supporting this result.
March 3, 2023
U.S. Chamber files amicus brief urging Supreme Court to grant review and hold that parties challenging a federal officer’s unconstitutional protection from removal deserve an injunction against such insulation from executive oversight without any proof that it altered agency action.
March 3, 2023
U.S. Chamber files coalition amicus brief urging Texas Court of Appeals to reaffirm protective order for defendant’s confidential excess insurance policies.
March 3, 2023
U.S. Chamber files amicus brief urging New Mexico Supreme Court to hold that a new disclosure requirement concerning automobile insurance policies applies prospectively.
March 2, 2023
Arizona Supreme Court adopts the Restatement and holds that businesses may modify their standard terms in consumer contracts if those contracts notified the consumer that the business could make future changes, the business gave reasonable notice of the modification and an opportunity to opt out, and the consumer continued the business relationship past a reasonable opt-out period. The U.S. Chamber filed a coalition amicus brief supporting such modification rights.
March 1, 2023
District court dismisses most of plaintiffs’ claims for breach of fiduciary duty under ERISA. The court dismissed the claims relating to investment performance and total plan cost, but denied dismissal with respect to allegedly excessive recordkeeping fees. The U.S. Chamber filed a coalition amicus brief urging the court to grant the motion to dismiss.
February 28, 2023
Supreme Court holds that the Bank Secrecy Act’s $10,000 maximum penalty for the nonwillful failure to file a compliant report accrues on a per-report, not a per-account, basis. The U.S. Chamber filed an amicus brief supporting this outcome.
February 27, 2023
U.S. Chamber and co-plaintiffs notify court that the U.S. Supreme Court granted certiorari on the Appropriations Clause issue in CFPB v. Community Financial Services Association of America, Ltd. The Chamber asked the court to proceed with the case and to resolve plaintiffs’ claims.
February 27, 2023
U.S. Chamber files amicus brief urging Supreme Court review of Ninth Circuit decision allowing premature judicial review of programmatic environmental review under National Environmental Policy Act.
February 24, 2023
Oregon Supreme Court reaffirms traditional but-for causation as the default tort causation standard. The U.S. Chamber filed a coalition amicus brief supporting this outcome.
February 24, 2023
U.S. Chamber files motion for leave to file amicus brief urging district court to grant preliminary injunction and hold that the Children’s Online Privacy Protection Act preempts California’s Age-Appropriate Design Code Act.
February 23, 2023
U.S. Chamber files coalition amicus brief urging Second Circuit to hold that the PREP Act is a complete preemption statute, protecting businesses on the front lines of responding to COVID-19.
February 22, 2023
Supreme Court holds that a high-earning employee is not compensated on a “salary basis” for purposes of the FLSA’s overtime pay exemption when his paycheck is based solely on a daily rate. The U.S. Chamber filed an amicus brief opposing this outcome.
February 22, 2023
U.S. Chamber files coalition lawsuit in Eastern District of Kentucky challenging the Environmental Protection Agency’s and U.S. Army’s “phase 1” Waters of the United States Rule as unlawful. Among other defects, the rule imposes expansive, vague tests for determining federal jurisdiction that exceed the federal government’s statutory authority and impose needless uncertainty and cost on landowners and the business community.
February 22, 2023
U.S. Chamber and co-plaintiffs file motion for preliminary injunction against the “phase 1” Waters of the United States Rule.
February 21, 2023
Supreme Court denies cert. petition on whether Maine laws regulating the contents of consumer reports are preempted by the federal Fair Credit Reporting Act. The U.S. Chamber filed a coalition amicus brief opposing this outcome.
February 21, 2023
Supreme Court denies cert. petition regarding the need for fair notice under state UDAP statutes. The U.S. Chamber filed an amicus brief opposing this outcome.
February 21, 2023
Wisconsin Supreme Court denies review of decision that failed to conduct an adequate reliability analysis for expert witness testimony. The U.S. Chamber filed a coalition amicus brief opposing this outcome.
February 21, 2023
U.S. Chamber files amicus brief urging district court to reject unprecedented SEC subpoena seeking to compel law firm victim of cyberattack to disclose identities of clients affected by the attack.
February 21, 2023
U.S. Chamber files coalition amicus brief urging Federal Circuit to hold that the statute of limitations under the Contract Disputes Act does not begin to run with respect to a request for adjustment of pension benefits until the government disputes its obligation to pay.
February 21, 2023
U.S. Chamber files coalition amicus brief urging Third Circuit to grant rehearing en banc to repudiate panel’s novel standard for determining whether a debtor is in financial distress. The U.S. Chamber filed a prior brief on the merits of this bankruptcy case.
February 17, 2023
U.S. Chamber files amicus brief urging Fifth Circuit to vacate a rule overriding an effective voluntary standard in violation of the Consumer Product Safety Commission’s governing statute and hold that for-cause removal protection for Commissioners of the Consumer Product Safety Commission violates the Constitution. This is the U.S. Chamber’s third amicus brief arguing that the CPSC is unconstitutionally structured and second on the issue of CPSC’s treatment of voluntary standards.