In May 2025, the Trump Administration, asserting Executive authority, terminated the three Democratic Commissioners of the Consumer Product Safety Commission. On June 13, 2025, a Maryland district court aborted the without-cause termination while a legal challenge proceeds, leaving the Commissioners in place. No longer.
Continue Reading Commission in Limbo: SCOTUS Decision Puts CPSC Democrats Back Out of ActionOn June 27, in Trump v. Casa, the Supreme Court held that federal courts lack equitable authority to issue “nationwide”—or, using the Court’s preferred parlance, “universal”—injunctions. To learn more, please read our Client Alert Trump v. Casa: Nationwide Injunctions And The Class Action Loophole.
The European Commission has for the first time issued informal guidance under its revised 2022 Notice relating to “novel and unresolved” competition law questions. The two guidance letters, issued on July 9, 2025, both concern the transport sector. The first letter addresses a sustainability agreement aimed at reducing CO2 emissions in European ports by facilitating
When will the CPSC regulate micromobility products?
On June 20, 2025, the Consumer Product Safety Commission (“CPSC”) re-noticed a proposed rule (“the notice” or “NPR”) on “Lithium-Ion Batteries Used in Micromobility Products and Electrical Systems of Micromobility Products Containing Such Batteries,” which it withdrew just days later. The notice has had an unusually erratic past – it was (1) voted on by the five-person commission in April, (2) initially noticed in early May, (3) withdrawn, (4) re-noticed in June, and (5) again withdrawn. The first withdrawal in May was due to President Trump’s firing of the three Democratic CPSC Commissioners who voted to issue the notice (the two Republicans on the Commission voted against it). After the Democratic Commissioners were reinstated, and the notice was reissued, it appeared that a micromobility rule was finally on its way. However, it was again removed – this time without explanation.
Continue Reading Federal Micromobility Regulations – the Up and ComingOn Thursday, the President signed three Congressional Review Act (CRA) resolutions that effectively prevent California from implementing its zero emission mandates for passenger vehicles and commercial trucks and its stricter emission standards for heavy-duty vehicles. Previously, the Government Accountability Office and the Senate Parliamentarian determined that the Biden Administration EPA’s approvals of these mandates were
This week, the U.S. Senate voted to block California’s emissions standards for cars and trucks after taking a procedural vote that defied the Government Accountability Office and the Senate parliamentarian.
The party-line vote allowed Republicans to use the expedited procedures and simple-majority threshold, forgoing the filibuster, under the Congressional Review Act (CRA) to override California’s Clean Air Act waivers from the Environmental Protection Agency.
Continue Reading Congress Voted to Revoke California Waivers, Stalling EV Deployment EffortsOn May 13, 2025, the Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for David Fink, nominee for Administrator of the Federal Railroad Administration (FRA). Led by Senator Ted Cruz, the hearing spanned two hours and focused on Fink’s industry background, safety record, and priorities for the FRA.
Continue Reading Senate Committee Holds Confirmation Hearing for FRA Administrator Nominee David FinkAutonomous heavy-duty motor vehicles — those with a gross weight of 10,001 pounds or greater — to date have been barred from public roadways in California. This will change if newly proposed California DMV regulations take effect.
The proposed regulations include several notable changes and perhaps most notable among them is the opportunity for providers of autonomous heavy-duty vehicles to apply for a permit to operate through testing or deployment.
Continue Reading Autonomous Commercial Vehicles Now Come “Heavy-Duty” If New California DMV Law Passes
On May 14, 2025, the Department of Transportation (DOT) announced significant advancements in drone regulations. FAA’s proposed rules related to Beyond Visual Line of Sight Operations (BVLOS) and restricting UAS operations at a fixed site facility have been submitted to the Office of Information and Regulatory Affairs (OIRA) at the White House Office of Management and Budget (OMB) marking a significant step forward.
Continue Reading DOT Announces Progress on Key Drone Regulations
On May 13, 2025, at 10:00 AM ET, the Senate Committee on Commerce, Science, and Transportation, chaired by U.S. Senator Ted Cruz, will hold a nominations hearing that will address key nominations for the Federal Railroad Administration (FRA), Amtrak’s Board of Directors, and the Department of Commerce. Among the nominees is David Fink, who has