On November 29, 2021, a federal court in Missouri issued a preliminary injunction to halt the Biden administration’s enforcement of a vaccine mandate for healthcare workers in 10 states. The mandate was recently released on November 4, 2021 by the Centers for Medicare and Medicaid Services’ (CMS) as an Interim […]
Publications
Supreme Court Holds That Interstate Groundwater Can Be Subject To Equitable Apportionment
In Mississippi v. Tennessee, a potentially consequential case for groundwater rights in the Ogallala Aquifer, the court rejected Mississippi’s claim that Tennessee had stolen its groundwater. The Supreme Court has issued an opinion in the long-running dispute over groundwater in the Middle Claiborne Aquifer. That aquifer underlies Mississippi, Tennessee, and […]
Biden Administration Proposes to Redefine “Waters of the United States”
Members of the regulated community who oppose this expansion of federal jurisdiction under the Clean Water Act will have 60 days to submit written comments. The Clean Water Act, 33 U.S.C. § 1251 et seq. is the primary federal statute regulating water quality in the United States. It uses the […]
Stark Updates – 2022 Medicare Physician Fee Schedule
CMS recently promulgated a few updates to the Stark rules in the 2022 Medicare Physician Fee Schedule (PFS) Final Rule. Highlights of the changes are as follows: Indirect Compensation Arrangements Prior to 2021, “indirect compensation arrangements” only arose if an unbroken chain of financial relationships existed between a physician and […]
Federal Trade Commission Returns to its Throne
On July 21, 2021, the Federal Trade Commission rescinded a longstanding 1995 Policy Statement that limited the Commission’s ability to deter anticompetitive or problematic mergers and acquisitions. Prior to the 1995 Policy Statement, the Commission required a company that allegedly or actually violated the law in a previous merger or […]

