The case against the lists 3 and 4A tariffs is unlikely to be heard by the Supreme Court or the full U.S. Court of Appeals for the Federal Circuit, and the recent decision from the Federal Circuit upholding the tariffs likely gives the Trump administration greater confidence in using tariff authorities other than the International Emergency Economic Powers Act, various attorneys told us.

The California Privacy Protection Agency’s head enforcer heralded “a new era of privacy enforcement,” in an update during the CPPA Board’s Friday meeting. The agency has “hundreds” of investigations open, and in most cases the targeted businesses don’t know about them yet, said Michael Macko, deputy director of enforcement. “We haven't surfaced yet."

The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the lists 3 and 4A Section 301 tariffs on China, finding them to be a valid exercise of authority under Section 307(a)(1)(C). CAFC Judges Todd Hughes and Alan Lourie, along with Eastern District of Texas Judge Rodney Gilstrap, sitting by designation, held that the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose."

Senate Banking Committee ranking member Elizabeth Warren, D-Mass., and Sen. Elissa Slotkin, D-Mich., urged three government watchdog offices to investigate whether two Trump administration officials had conflicts of interest while advocating for the U.S. to sell advanced AI chips to the United Arab Emirates.

The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the lists 3 and 4A Section 301 tariffs on China, finding them to be a valid exercise of authority under Section 307(a)(1)(C). CAFC Judges Todd Hughes and Alan Lourie, along with Eastern District of Texas Judge Rodney Gilstrap, sitting by designation, held that the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose."

The House Foreign Affairs Committee approved a State Department reauthorization bill Sept. 18 that would consolidate the State Department’s sanctions activities into a new Sanctions Policy Bureau led by an assistant secretary for sanctions policy (see 2509110039).

The Flandreau Santee Sioux Tribe slammed the FCC’s approach to seeking tribal input on how the agency enforces National Environmental Policy Act and National Historic Preservation Act rules, according to a letter posted Monday in docket 25-217. Comments in the proceeding, due last week, showed tribes and states leading the opposition to proposals included in an August NPRM (see 2509190053), part of a broader Trump administration move to limit enforcement of environmental laws.

The U.S. asked the Supreme Court for permission to use an additional 3,000 words in its reply brief in the cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. Solicitor General D. John Sauer said a total of 9,000 words is needed given that the government will have to address "three separate response briefs, with an additional jurisdictional issue, on a highly expedited schedule" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).

Corey Biazzo, a Charlotte-based civil litigation attorney, filed an amicus brief before the Supreme Court on Sept. 21 in opposition to tariffs imposed under the International Emergency Economic Powers Act. Biazzo's submission is the first amicus brief filed in the case on the merits and argues that President Donald Trump's claimed tariff authority violates separation of powers principles (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).

DOJ received industry requests this month to scrutinize the Maryland Online Data Privacy Act (MODPA) and other state privacy measures as possibly burdening interstate commerce. The closely watched Maryland legislation takes effect Oct. 1. The chief privacy officer of one company that flagged MODPA told Privacy Daily that his business' main concern is the part of the law's unique data minimization requirement that bans sale of precise location data.