On June 12, 2026, U.S. Customs and Border Protection (“CBP”), through a Cargo Systems Messaging Service (CSMS) notice, issued a comprehensive new Forced Labor Enforcement Operational Guidance for importers.
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Federal Circuit Stays Section 122 Tariff Injunction, Signaling Skepticism of CIT’s Narrow Statutory Reading
On June 11, 2026, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) granted the federal government’s motion for a stay pending appeal, pausing enforcement of a U.S. Court of International Trade (“CIT”) injunction on the collection of Section 122 duties against the State of Washington and two private businesses – Burlap and Barrel,…
Latest Developments in IEEPA Tariff Refund Litigation
The U.S. Government withdrew its petition for a writ of mandamus at the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”). On June 9, 2026, the Federal Circuit granted the Government’s request to withdraw the petition and dismissed the mandamus proceeding in In re United States, Fed. Cir. # 26-144, before Senior Judge Richard…
Federal Immigration Enforcement at Schools: Legal Challenges to DHS’s Revocation of Sensitive Locations Policy
For more than three decades, the federal government maintained a policy restricting immigration enforcement operations at or near schools and other “sensitive locations.” That longstanding protection ended abruptly in January 2025, when the Department of Homeland Security (DHS) rescinded its sensitive locations policy and replaced it with guidance leaving enforcement decisions to the discretion of…
New Jersey Enacts the Protecting Against Forever Chemicals Act: Implications for Consumer Product Manufacturers
State regulation of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” continues to accelerate nationwide. In April 2026, New Jersey enacted the Protecting Against Forever Chemicals Act (the “Act”), which prohibits the sale of certain consumer products containing intentionally added PFAS and imposes labeling requirements on cookware containing PFAs. The Act takes effect…
Weekly Trade Update: June 1 – 5, 2026
USTR Proposes Section 301 Tariffs on Brazil
On June 1, 2026, the United States Trade Representative (“USTR”) proposed under Section 301 of the Trade Act of 1974 (“Section 301”) to impose tariffs on imports of goods from Brazil due to Brazil’s practices involving digital trade and electronic payment services, unfair and preferential tariffs, anti-corruption enforcement,…
President Trump Reduces Section 232 Tariffs on Certain Agricultural, Mobile Industrial, and HVAC Equipment [UPDATED June 5, 2026 with CSMS Instructions]
On June 1, 2026, President Trump issued a proclamation reducing tariff rates on certain agricultural equipment, mobile industrial equipment and machinery, and heating, ventilation and air conditioning (“HVAC”) equipment under Section 232 of the Trade Expansion Act of 1962 (“Section 232”). In the same proclamation, President Trump also added aluminum lithographic plates and steel racks…
Understanding FAR 52.222-90 “Addressing DEI Discrimination by Federal Contractors” — Federal Agencies Incorporating New DEI Clause into Government Contracts
Government contractors, if they have not seen it already, are likely to begin seeing FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors, in solicitations, contracts, and subcontract flowdowns.…
President Trump Issues Executive Order to Bolster U.S. Customs Enforcement
On June 3, 2026, President Trump issued an executive order (“EO”) directing U.S. Customs and Border Protection (“CBP”) to reform many of its enforcement provisions. Titled “Strengthening Customs Enforcement,” the EO targets preventing the importation of unlawful and dangerous goods, tightening eligibility and identification requirements for importers of record (“IORs”), and ensuring compliance with Federal…
Mineral Rights and 45Q Recapture: An Overlooked Legal Risk in Texas Carbon Capture and Storage Projects
The rapid growth of carbon capture and storage (CCS) projects across the United States has been fueled in large part by the enhanced tax credits available under Section 45Q of the Internal Revenue Code of 1986, as amended (Code).…