by Christine Stackhouse | Apr 9, 2025
In 2021, after a multi-year regulatory process, the Food and Drug Administration denied more than a million applications from tobacco manufacturers seeking to sell various flavored e-cigarette products. After that process concluded, an en banc Fifth Circuit vacated...
by Christine Stackhouse | Apr 7, 2025
Under the Clean Water Act (“CWA”), the EPA issues permits limiting the pollutants that regulated entities can discharge into federal waters. Those permits generally operate either by establishing effluent limitations for certain pollutants or by imposing narrative...
by Christine Stackhouse | Mar 28, 2025
William Blake once observed that “a truth that’s told with bad intent, beats all the lies you can invent.” It turns out the Supreme Court agrees, at least for escaping liability under 18 U.S.C. § 1014. In Thompson v. United States (No. 23-1095), a unanimous court held...
by Christine Stackhouse | Mar 28, 2025
Federal law provides a mandatory minimum sentence of five years for a person who uses or carries a firearm during a “crime of violence.” In Delligatti v. United States (No. 23-825), the Supreme Court addressed whether a crime of omission involves the “use” of physical...
by Christine Stackhouse | Mar 12, 2025
When a veteran seeks disability benefits, federal law provides that ties go to the applicant. But if the Veterans Administration decides it’s not a tie—that is, the preponderance of the evidence comes out against the veteran—then it has no occasion to apply this...
