Supreme Court Limits EPA’s Authority in San Francisco v. EPA: A Blow to Clean Water Protections?

Posted on March 27, 2025Categories EPA

In a landmark decision issued on March 4, 2025, the U.S. Supreme Court ruled in City and County of San Francisco v. Environmental Protection Agency that the U.S. Environmental Protection Agency (EPA) cannot impose certain types of permit requirements on entities discharging pollutants into U.S. waters. The case, which centered on the Clean Water Act (CWA), has significant implications for how the federal government regulates water pollution and protects water quality. The decision, which saw a 5-4 vote, limits the EPA’s ability to enforce “end-result” requirements in permits, raising concerns about the future of water quality standards and environmental protection.
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Resetting Online Education: ED’s New Online Education Reporting Rule

Posted on March 26, 2025Categories Education

In January 2025, the U.S. Department of Education (“ED”) released a final rule including provisions on reporting requirements for online and distance education. Supporters of the rule argue its implementation will enhance transparency and accountability for institutions of higher education. Conversely, critics of the rule raise concerns about the financial burdens associated with implementing the reporting requirements. Nevertheless, the ED claims the goal of the regulation is to collect the data necessary to assess the quality and effectiveness of distance education.
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Will AI Make Trade Secrets No Longer Secret?

Posted on March 21, 2025Categories Artificial Intelligence

Most companies own valuable trade secrets, such as the recipe for Coca-Cola or Google’s algorithm. But can a company that develops AI have trade secrets? The Uniform Trade Secrets Act defines a trade secret as “information, including a formula, pattern, compilation, program, device, method, technique, or process,” that derives economic value and is the subject of efforts to maintain its secrecy. The protection of trade secrets is essential for companies to maintain their competitive edge and drive economic growth. As such, they are instrumental in both corporate governance and compliance. Companies already deal with the risks of employees using generative artificial intelligence (AI) and exposing trade secrets; however, recent AI regulations in Europe and the United States have further increased risks relating to trade secrets.
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Profits Over Patients: The DOJ’s Fraud Investigation into UnitedHealth’s Medicare Practices

Posted on March 21, 2025Categories Health Insurance, Healthcare Compliance

The Department of Justice (DOJ) has launched a civil fraud investigation into UnitedHealth’s Medicare billing practices, scrutinizing allegations that the company improperly inflated patient diagnoses to secure higher federal payments. While the investigation was publicly announced via the Wall Street Journal recently, it has been underway since 2024. This development follows the December 2024 death of UnitedHealth CEO Brian Thompson, which sparked renewed public discourse on the ethics of insurance companies. Many individuals came forward with stories of denied coverage for life-saving treatments, raising broader concerns about the practices of private insurers managing Medicare benefits.
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Regulating Deepfakes: Strengthening the Fight Against Deceptive Media

Posted on March 21, 2025Categories Ethics, technology

In response to the growing threat of deepfake technology, two significant pieces of legislation have emerged: California’s 2024 Deepfake Deception Defense Act and the DEEPFAKES Accountability Act. A deepfake is a digitally altered video or image that uses artificial intelligence to make it appear as though someone is saying or doing something they never actually did. These laws aim to curb the spread of deceptive synthetic media and ensure transparency and accountability in digital content. Both Acts represent progress, but enhanced real-time monitoring, a registry, and a dedicated regulatory body are needed for better deepfake regulation.
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Nuclear Waste Disposal: A Collective Failure but a Collective Opportunity

Posted on March 20, 2025Categories Energy

On Wednesday, March 5th, the Supreme Court heard oral arguments on two cases involving the licensing of private contractors for disposal of nuclear waste in Texas. The cases focused on two issues: (1) an administrative law question about a third party being able to challenge an agency ruling, and (2) whether the Nuclear Regulatory Commission (NRC) can issue licenses for private companies to operate temporary disposal sites. Ultimately, the holdings will not matter because the underlying problem remains the same. Due to a combination of government inaction and inefficiency, there are no permanent nuclear waste disposal sites in the US.
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Turning the Page on Censorship: The American School Book Ban Controversy

Posted on March 20, 2025Categories Education

Across the United States, waves of book bans are reshaping student’s access to literature. Libraries have been transformed from quiet places to explore new topics into battlegrounds for parents and policymakers to impose their ideological beliefs. During the 2023 – 2024 school year, the United States saw book ban numbers triple from the year prior. The most frequently attacked books were those written by minorities and those providing representation for marginalized students. These important materials address pressing issues, such as racism, gender inequality, identity formation, and the effects of personal trauma. Book bans do a great disservice to the next generation, robbing them of opportunities to explore new ideas and develop crucial critical thinking skills.
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The New Salary Cap in College Sports: How it Will Work, Why it is Needed, and the Arguments Against It

Posted on March 19, 2025Categories Athletic Regulation, Sports

The overall dynamics of the college sports world has gone through some significant changes over the last few years due to the rise of Name, Image, and Likeness (NIL), which allows student-athletes to earn payment for sponsorship deals. While this change to the college sports landscape is fairly widely praised, it has raised some significant debate about keeping a competitive balance in the world of college sports, and overall fairness to schools that cannot compete with the vast offers of other programs. This landscape may require a salary cap to alleviate the fairness concerns that arise.
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Trump’s MAHA Commission: What to Expect

Posted on March 14, 2025Categories Food and Drug Law, health

President Trump’s return to the White House has sparked a lot of controversy as he takes extensive executive action and appoints contentious figures to his cabinet. At the top of the list of most controversial is arguably the newly confirmed Secretary of Human Health and Services, Robert Kennedy Jr., because of his skepticism towards vaccines and pharmaceutical drugs like Selective Serotonin Reuptake Inhibitors (SSRIs), used to treat various mental disorders. Despite criticisms, Kennedy gained a large following during his 2024 presidential campaign, where he founded the Make America Healthy Again movement and advocated for public health policies that make American food healthier and end the chronic disease epidemic in this country. Aligned with these initiatives, President Trump has taken extensive action in the first sixty days of his second term to reform public health policy. Among these changes is the newly created Make America Healthy Again Commission, which is chaired by Secretary Kennedy and consists of other cabinet and high-ranking executive officials. The Commission is initially tasked with addressing the childhood chronic disease crisis, specifically targeting nutrition, prescription drug misuse, and government transparency related to ethics and public trust.
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Regulating Childhood: Mass Deportations of Unaccompanied Minors

Posted on March 13, 2025Categories Department of Justice, Regulation

Undocumented minors are children, and the federal government should treat them as such. The attitude and justifications for harsh immigration policies are deeply rooted in the United States’ history along the Southern border and remain all too prevalent in today’s “tough on crime” approach to immigration. The Trump administration has repeatedly referred to undocumented immigrants as “criminals,” even though more than half of the 43,759 people held in ICE detention facilities have no criminal record. Yet, undocumented children appear to be the latest target of the president’s anti-immigrant crusade.
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