Week in Review

IN THE NEWS:

• The Trump Administration finalized a rule on July 11, 2026, that narrowed the definition of “harm” under the Endangered Species Act. Previously, the U.S. Fish and Wildlife Service had defined “harm” to include significant habitat modification or degradation. The new rule, however, rescinds this definition and retains the “plain text” of the statute, a change that Administration officials argued returns the Endangered Species Act to Congress’s original intent. Several environmental organizations have filed suit in federal district court challenging the rule as arbitrary and capricious under the Administrative Procedure Act, arguing that the agencies failed to explain such a departure from 50 years of established interpretation. The rule, which takes effect on September 14, could permit development on critical wildlife habitats while litigation over the revised definition of “harm” proceeds.
• The U.S. Department of Education issued guidance on how schools receiving federal funding must respond to sexual misconduct by adults employed by the schools. The guidance advises states to ensure that their policies align with federal regulations, officials with the authority to take action in sexual misconduct situations receive proper training to recognize and respond to misconduct, and investigations of behavior are thorough, timely and responsive. The Education Department also announced it will open 20 investigations into school districts, with the goal of determining whether the districts have appropriate procedures in place to ensure accurate data collection and reporting of sexual harassment.
• In a video on Wednesday, Pete Hegseth, the U.S. Secretary of Defense, announced that the U.S. Department of Defense will begin a screening program for testosterone deficiency in troops. The screening will be required for troops who are 30 years old or older and voluntary for younger troops, and will take place during annual medical screening. Hegseth stated that this program is intended to ensure that troops remain “strong, resilient, and capable.” Hegseth did not mention whether female troops will also have their hormone levels tested.
• The U.S. House of Representatives passed the Sunshine Protection Act by a 308-117 vote. The bill would make daylight savings permanent, ending the biannual changing of the clocks. Those in support of the bill argued that the practice of changing the clocks is outdated, with 19 states already having enacted bills that remove daylight savings if Congress were to do the same. Opponents of the bill expressed concern about the impacts of an extra hour of darkness in winter mornings, with some lawmakers fearing risks to mental health and sleep habits. The bill will proceed to the Senate, where a version of the bill failed to pass last October.
• A coalition of 12 states, led by California Attorney General Rob Bonta, filed suit to block Paramount’s $111 billion acquisition of Warner Bros. Discovery, alleging that the merger would harm competition in film, television, and streaming in violation of antitrust law. The Writers Guild of America brought a separate suit the following day, contending that the merger would suppress writers’ wages and eliminate opportunities across the industry. The merger would unite competing movie studios, streaming platforms, and news divisions under single ownership, reshaping the American media landscape. The states requested a temporary restraining order after Paramount and Warner Bros. Discovery refused to delay the merger, which could occur as early as July 22.
• The U.S. Court of Appeals for the Second Circuit reversed a district court’s dismissal of lawsuits that alleged a connection between the use of Tylenol among pregnant women and autism and attention-deficit/hyperactivity disorder in children. In a decision written by Judge Guido Calabresi, the three-judge panel ruled that the district court improperly excluded expert testimony from three medical experts whose research supported a link between acetaminophen, an active ingredient in Tylenol, and these diseases in children born to mothers who used the drug during pregnancy. Kenvue, the manufacturer of Tylenol, maintained that credible scientific evidence supports the safety of its product. The decision revives more than 500 consolidated lawsuits against Kenvue that will now proceed at the district court level.
• The Federal Trade Commission and five states settled a lawsuit with Deere & Company, a manufacturer of farm equipment, that alleged that Deere & Company unlawfully limited the availability of repair resources. The plaintiffs argued that Deere & Company limited the ability of independent repair providers to repair their products, forcing farmers to instead use the company’s authorized dealers. The plaintiffs contended this practice burdened farmers with service delays and higher repair costs. As stipulated in the settlement, Deere & Company must now provide independent repair providers with the same resources it provides to its authorized technicians.
• The Commodity Futures Trading Commission (CFTC) used its emergency authority to direct Kalshi, a monetary exchange platform that allows users to bet on the outcomes of real-world events, to execute its open trades in defiance of a Michigan court order. Last month, a Michigan state court granted a temporary restraining order requiring Kalshi halt sports wagers by Michigan residents. Michigan Attorney General Dana Nessel, who secured the order, argued that the prediction market violated Michigan’s regulations on sports betting. The Chair of the CFTC, Michael Selig, contended that Kalshi is governed by the Commodity Exchange Act, which grants the CFTC the authority to maintain a uniform national market for derivative exchanges. The clash between the CFTC and state sports betting laws has major implications, as nearly two dozen states seek to restrict new sports betting companies.

WHAT WE’RE READING: 

• In a report for the Urban Institute, researchers Lisa Clemans-Cope and Maya Payton found that an increase in Medicaid coverage of opioid treatment between 2010 and 2025 and a corresponding decrease in drug overdose deaths suggests that Medicaid expansion has played a significant role in addressing the opioid crisis. Clemans-Cope and Payton examined state trends in medication fill rates for buprenorphine, naltrexone, and naloxone—three primary medications for treating opioid use disorder. They found a marked increase in both markers of use of and positive outcomes associated with these drugs in states that expanded Medicaid earlier. Clemans-Cope and Payton argued that the expected drop in Medicaid enrollment as a result of the 2025 mega tax and spending law threatens the progress documented over the study period.
• In a report for the Urban Institute, Kate Westaby, a senior research associate in the Work, Education, and Justice Division of the Institute, and several coauthors identified actionable strategies for K-12 schools to support young parents’ pathways to college and family-sustaining careers. Westaby and her coauthors presented the disparity in college enrollment and employment between young parents and their peers without children, describing how 30 percent of young parents are not enrolled in college or in the labor force, even though only 11 percent of their peers are not enrolled in college and not in the workforce. The report provided eight recommendations to schools, including collecting data on young parents, creating programs and pathways that secure their basic needs, and providing financial and resource investments for young parents.
• In a recent Center for American Progress report, Chandler Hall, an associate director of public safety at the Center, examined whether National Guard deployments to American cities since June 2025 has reduced violent crime. Hall found no statistically significant evidence across three analytical models that deployments in Los Angeles, Washington, D.C., Memphis, and New Orleans reduced violent crime, homicides, or gun violence, noting that violent crime in the targeted cities had already been declining before the deployments began. Hall estimated that if deployments to Washington, D.C., Memphis, and New Orleans continue through the end of 2026, the total cost to taxpayers could exceed $1.7 billion based on Congressional Budget Office cost estimates.

EDITOR’S CHOICE

• In an essay in The Regulatory Review, Susan E. Dudley, a distinguished professor of practice at the Trachtenberg School of Public Policy and Public Administration at The George Washington University, argued that Trump v. Slaughter affirmed the President’s ability to oversee independent agencies in the same manner as executive branch agencies. Dudley contended that the Supreme Court decision, which struck down for-cause removal protections for Federal Trade Commission commissioners, could improve regulatory accountability by extending cost-benefit analysis and other executive oversight tools to independent agencies. Dudley noted, however, that the decision may also reduce regulatory stability and increase policy changes between administrations. Dudley concluded that Trump v. Slaughter, by giving Presidents greater control over agency regulations, raises important questions about how expanded presidential authority will interact with other recent administrative law decisions that limit agency discretion.