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PODCAST: Court Limits EPA’s Ability to Delay Clean Air Act Regulation Without Rulemaking — C&M's Trump: The First Year Series

Client Alert | 1 min read | 07.06.17

In the latest podcast for Crowell & Moring’s “Trump: The First Year” series, Dan Wolff and Tom Lorenzen, both litigation partners in the firm’s Environment & Natural Resources Group and Administrative Law & Regulatory Practice, discuss the implications of a July 3 D.C. Circuit ruling invalidating EPA's 90-day administrative stay of the current oil and gas methane rule.

 Discussed in this 21-minute podcast: 

  • An overview of the Clean Air Council v. Pruitt decision.
  • The possible impacts of this decision on the administration’s stated goal of "deconstructing the administrative state."
  • Other possible mechanisms for halting rules in the short term without going through notice-and-comment rulemaking.
  • The practical implications of this ruling, and key takeaways for businesses.

Click below to listen or access from one of these links:
PodBean | SoundCloud | iTunes

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Client Alert | 2 min read | 06.15.26

Kansas Federal Court Applies “Selective Enforcement” Theory to Reject DTSA Claim

A Kansas federal court held that inconsistent enforcement of trade secret rights can defeat a claim under the Defend Trade Secrets Act (DTSA). In Edelman Financial Engines, LLC v. Mariner Wealth Advisors LLC, No. 2:23-cv-02515-HLT (D. Kan. June 5, 2026), the court applied a selective enforcement theory, holding that when a company does not consistently pursue legal remedies against similarly situated former employees, that inconsistency can be affirmative evidence that it failed to protect its trade secrets. While the selective enforcement theory has appeared in academic hypothetical discussions, the decision appears to be one of the clearest judicial applications of a “selective enforcement” theory in a trade secret case....