Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy
March 10, 2026 —
Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & WilmerOn February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA.
For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.”
Reprinted courtesy of
Brett W. Johnson, Snell & Wilmer,
Derek Flint, Snell & Wilmer,
T. Troy Galan, Snell & Wilmer and
Thomas Williams, Snell & Wilmer
Mr. Johnson may be contacted at bwjohnson@swlaw.com
Mr. Flint may be contacted at dflint@swlaw.com
Mr. Galan may be contacted at tgalan@swlaw.com
Mr. Williams may be contacted at twilliams@swlaw.com>
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CARB Issues Proposed Climate Disclosure Regulations
January 13, 2026 —
Michael S. McDonough, Ashleigh Myers & Karen Eskander - Gravel2Gavel Construction & Real Estate Law BlogOn December 9, 2025, the California Air Resources Board (CARB) issued
proposed regulations and a
staff report for California’s comprehensive climate disclosure laws, the
Climate Corporate Data Accountability Act (SB 253) and the
Climate-Related Financial Risk Act (SB 261). These proposed regulations come less than a month after the
Ninth Circuit issued an injunction temporarily halting enforcement of SB 261, at least until a January 9, 2026, hearing on the plaintiffs’ requested longer-term injunction through the remainder of the First Amendment challenge to the laws. The draft regulations would adopt some, but not all, of the provisions proposed by CARB in its public workshops on the laws to date, and notably would scale back applicability to those companies above a threshold level of sales in the state. The proposed regulations also define key terms, establish the program fee structures, explain fee enforcement and set initial reporting timelines. The written comment period begins on December 26, 2025, and ends on February 9, 2026. CARB will hold a
public hearing on the proposed regulations on February 26, 2026 at 9 a.m. PST.
Reprinted courtesy of
Michael S. McDonough, Pillsbury,
Ashleigh Myers, Pillsbury and
Karen Eskander, Pillsbury
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Eskander may be contacted at karen.eskander@pillsburylaw.com
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Seven Kahana Feld Attorneys Selected to 2025 New York Metro Super Lawyers Lists
November 18, 2025 —
Eva Paulson - Kahana FeldNEW YORK - Oct. 30, 2025 - Kahana Feld is pleased to announce that
Tim Capowski was included in the 2025 edition of New York Metro Super Lawyers and
Sean Harriton,
Rachael Marvin,
Sarah Pavlini,
Mariah Smith,
Christopher Theobalt, and
Sofya Uvaydov were included in New York Metro Rising Stars.
2025 New York Metro Super Lawyers
Tim Capowski was awarded for his work in Appellate Law. Capowski is a partner at Kahana Feld and chair of the firm’s National Appellate Litigation & Consulting Group. He has spent the better part of three decades at the forefront of the insurance defense bar. He has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York and around the country. He handles a variety of complex litigation including catastrophic property and casualty claims, construction defect, professional liability, labor and employment law, mass torts, insurance coverage, and more.
Read the full story...Reprinted courtesy of
Eva Paulson, Kahana FeldMs. Paulson may be contacted at
epaulson@kahanafeld.com
Chris Konzelmann Appointed to NASP Board of Directors
November 03, 2025 —
White and Williams LLPWhite and Williams LLP congratulates Chris Konzelmann, Partner and Chairman of the Subrogation Department, on his appointment to the National Association of Subrogation Professionals’ (NASP) Board of Directors.
In an announcement posted to LinkedIn, NASP stated, “These new board members bring diverse experience, leadership, and a shared vision for NASP’s future. Together, they will continue advancing NASP’s mission to provide education, advocacy, and community for subrogation professionals across all industries.”
Chris is a long-standing member of NASP and a frequent presenter at its Annual and Spring Conferences. He also regularly delivers webinars and training sessions for subrogation clients, helping them stay informed on legal developments and best practices in recovery strategy.
Read the full story...Reprinted courtesy of
White and Williams LLP
Virginia Multi-Employer Site Safety Issues–and How to Deal with Them
February 02, 2026 —
Christopher G. Hill - Construction Law MusingsThe world of the Owner, Contractor, Subcontractor “straight line” project model is long gone. Increasingly complex construction needs for commercial owners require the services of numerous trades, and even multiple “prime” contractors at times, to perform the various stages of construction.
Because of the complex and multi-employer nature of the modern commercial worksite, as a contractor, you may no longer be responsible only for the safety of your own employees. Depending on the state in which your project is being built, you, as a general contractor, may be responsible for hazards at your worksite that you did not create. On federal job sites (or in states that have merely adopted the federal OSHA standard), one rule applies. In some states that have their own safety regulations, another rule applies.
Under the Federal OSHA guidelines, the state regulations must be at least as stringent as those of the Federal safety regulations. This flexibility allows states to impose stricter (though not more lenient) rules upon construction site contractors. While this flexibility allows state safety officials to better tailor their policies, it has caused confusion in the multi-employer realm.
Read the full story...Reprinted courtesy of
The Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Weather Delay Claim - Owner Delay Pushes Contractor into Worse Seasonal Adverse Weather
November 04, 2025 —
David Adelstein - Florida Construction Legal UpdatesIn government contracting, a contractor is entitled to a time extension for “unusually severe weather.” However, this time extension is typically not compensable (meaning you get time, but not additional compensation). However, “a contractor may bring a claim for compensable delay when government delay pushes a contractor’s performance into a period of worse seasonal adverse-but not unusually severe-weather.” Appeals of - Thalle Construction Company, ASBCA No. 63685, 2025 WL 2496328, n.10 (ASBCA 2025) (citation omitted).
In a recent appeal with the Armed Services Board of Contract Appeals, a contractor pursued a weather delay claim. The contractor sought 39 days of adverse weather between the adjusted contract completion date and the actual substantial completion date claiming that the government pushed the contractor’s last 262 days of performance into worse seasonal adverse weather.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
House Passes ABC-Supported Permitting Reform Legislation
February 02, 2026 —
ABC - Construction ExecutiveWASHINGTON, Dec. 18—Associated Builders and Contractors applauded the U.S. House of Representatives for passing two comprehensive, ABC-supported permitting reform bills:
H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today Act, and
H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act.
Reprinted courtesy of
ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
White House Explores Opening Antitrust Probe on Homebuilders
February 10, 2026 —
Patrick Clark & Leah Nylen - BloombergTrump administration officials are exploring opening an antitrust investigation into US homebuilders as the White House sharpens its focus on tackling the country’s housing affordability crisis.
The Department of Justice could open the probe in the coming weeks, according to people familiar with the discussions. No decision has been made and the administration may abandon the effort without launching an investigation, the people said, asking not to be identified discussing non-public information.
Reprinted
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