Boyden Gray PLLC

ICYMI: "CRA resolutions cannot violate the law. They could violate the Constitution, I suppose, but they can't violate the law. They are the law." BG Managing Partner Michael Buschbacher joined a @FedSoc panel Monday on Congress's use of the Congressional Review Act to repeal California's EV mandates. Full video in the replies. 👇

ICYMI: BG Managing Partner Michael Buschbacher is quoted in Law360 on Americare’s en banc petition contra a Sixth Circuit ruling upholding an Obama-era DOL overtime rule. "President [Barack] Obama called for this rule after saying he couldn't 'wait for Congress,' and the Obama DOL delivered by claiming authority under Chevron to rewrite the FLSA. That was wrong then, and it is indefensible after Loper Bright.” Michael gets to the heart of the post-Loper Bright problem: agencies cannot use Chevron to rewrite the Fair Labor Standards Act, and courts should not save unlawful rules by inventing new rationales the agency itself rejected. FULL STORY: law360.com/employment-aut…

Read more: nationalreview.com/bench-memos/cl…

NEW: @NRO spotlights BG’s amicus work in Suncor v. Boulder County, a suit that @mike_frags notes is “the first climate-lawfare case the Court will meet squarely.” The case asks whether Boulder can use state tort law to impose bankrupting liability on energy companies for alleged global climate harms. As NR put it, the “assassins at the Boyden Gray firm, Jared Kelson and Michael Buschbacher, filed on behalf of [74] House members – led by majority leader Steve Scalise – showing how crossborder emissions are exclusively the domain of federal law.” The piece also highlights the “fascinating and important” brief by BG’s Jennifer Hardy on behalf of Professor Sai Prakash, which makes an “extremely forceful argument that the Constitution’s structure simply does not allow for suits like this.”

“Who can sue agencies now, and for what?” 📆Mark your calendars! BG’s Michael Buschbacher will join a panel this Friday, May 29, on the double standards that have emerged in the legal system favoring partisan non-profits and NGOs over American businesses. The panel runs from 10:40-11:45 am, and you can register to attend or view the conference here: lp.constantcontactpages.com/ev/reg/az6y9cj…

‼️TOMORROW: BG Managing Partner Michael Buschbacher speaks on a @FedSoc webinar panel exploring the Congressional Review Act, including its use to overturn California Clean Air Act waivers and what it signals for future legislative strategy. Register here: fedsoc.zoom.us/webinar/regist…

REMINDER: Next TUESDAY, May 26, BG Managing Partner Michael Buschbacher joins a @FedSoc webinar panel to discuss the Congressional Review Act and its expanding role in high-profile regulatory decisions. The conversation will cover recent congressional action on California Clean Air Act waivers, as well as key procedural and institutional questions surrounding the CRA’s use. Register here: fedsoc.zoom.us/webinar/regist…

Mark your calendars! 📆 ONE WEEK from today, May 26, BG Managing Partner Michael Buschbacher joins a @FedSoc panel examining the evolving use of the Congressional Review Act, including Congress’s recent action to nullify California Clean Air Act waivers. Register here: fedsoc.zoom.us/webinar/regist…

🚨NEW: Starting TODAY, federal contractors face a major shift. Under an executive order from President Trump, agencies must now include anti-DEI compliance clauses in contracts – backed by False Claims Act liability for violations. This is a major step in dismantling unlawful discrimination in federal contracting. For years, Boyden Gray PLLC has been at the forefront of the legal fight against unlawful discrimination conducted under the banner of DEI: ✅Challenging the 44-year old consent decree prohibiting the federal government from using a merit-based written exam to hire federal workers. ✅ Invalidating California’s corporate board diversity quotas ✅ Defeating the SEC’s approval of Nasdaq’s board diversity rules in a landmark Fifth Circuit en banc victory. Under President Trump, we are seeing a return to merit, neutrality, and the rule of law in federal contracting.

This is a full-circle moment–and a win for statutory limits and fiduciary duty. corpgov.law.harvard.edu/2026/03/12/win…

⚖️ NEW: The Trump Department of Labor moves to replace Biden-era ESG rule under ERISA. Under this shift, 401(k) & pension fund managers will no longer be permitted to use your investment dollars to advance political or ideological agendas. That rule was challenged in Utah v. Su - a case Boyden Gray litigated on behalf of 26 states, arguing retirement fiduciaries must prioritize financial returns, not collateral political goals. The Fifth Circuit vacated and remanded after Loper Bright, reinforcing that courts, not agencies, decide what statutes mean. Now, the DOL is officially revisiting the very rule challenged in Utah v. Su.

This lawsuit is a critical step toward restoring national uniformity and protecting Americans. justice.gov/opa/pr/preside…

🚨The DOJ sued California to block its remaining EV mandate — the “Advanced Clean Cars” program — which carries potentially major implications for the US vehicle market. The DOJ argues California's mandate unlawfully dictates national policy by violating the Energy Policy and Conservation Act (EPCA). Congress designed EPCA to create one uniform, nationwide fuel efficiency program. This reflects arguments Boyden Gray has consistently advanced: federal law expressly preempts states from creating a patchwork of regulations that force automakers to comply with conflicting standards and drive up vehicle prices for all Americans. California’s “waivers” have always functioned as de facto national mandates. That is why Congress acted earlier this year to invalidate three of California’s other EV mandate programs under the Congressional Review Act — an approach first outlined by our team in January 2025.

"There's no one better that Todd Blanche could have picked. Trent's judgment is second to none, combining eye-watering speed and decisiveness with professorial accuracy and sophistication. We are deeply proud of Trent and the many other Boyden Gray alumni providing distinguished service to the country." — BG Managing Partner Michael Buschbacher

Read the full order here: supremecourt.gov/orders/courtor…

BREAKING: Justice for Steve Bannon! The Supreme Court has vacated the D.C. Circuit’s decision in Bannon v. United States and remanded the case. Boyden Gray PLLC filed the cert petition asking the Court to review Bannon’s wrongful contempt-of-Congress conviction. Our petition argued that: (1) the statute does not criminalize individuals who rely on their attorney’s advice; and (2) the subpoena at issue was invalid because the January 6 Committee was unlawfully formed. In its response, the Government informed the Court that it had determined that dismissal of the case was in the interests of justice and asked the Court to vacate the decision and remand it. Steve served four months in prison on a charge that should never have been brought. More than 150 years of Supreme Court precedent confirms the conviction was wrong.

Should cleaner, more efficient natural gas plants be subjected to a higher environmental permitting threshold than their less-efficient cousins? A Clinton era “guidance” memo says “yes.” As BG Partners Michael Buschbacher and Jimmy Conde explain, the Trump EPA can fix this mess with just the stroke of a regulatory pen. Read more in @WSJ: wsj.com/opinion/an-eas…

The Interim Final Rule executes that judgment, restores lawful calculations, and puts EVs and liquid-fueled vehicles back on equal footing. We’re proud to have helped bring transparency and statutory fidelity back to this aspect of federal energy policy.

For years, the multiplier overstated EV efficiency and enabled billions in hidden cross-subsidies – shifting costs from working-class Americans buying internal-combustion vehicles to wealthy EV purchasers.

🚨The Dept. of Energy has finally ended the Biden-era policy of forcing gas-powered vehicle buyers to subsidize wealthy EV purchasers. 🧵