Blogs

Welcome to the February 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

The Centers for Medicare & Medicaid Services (CMS) has released detailed payment amounts, performance targets, and reporting requirements for the Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) Model, applicable to care periods beginning July 5 through December 31, 2027.

The ArentFox Schiff Hospitality team reviews 10 of the most pressing legal issues for hospitality companies for 2026.

While enforcement may have taken a backseat to other trade priorities in 2025, this year may be poised to bring a swift and aggressive return to form, particularly if the tariff landscape begins to stabilize.

Headlines that Matter for Companies and Executives in Regulated Industries

2026 brings cautious, steady progress in a continually evolving regulatory and commercial landscape. Stakeholders should expect ongoing change across policy, markets, compliance, and enforcement, creating both risks and opportunities for teams that plan ahead and adapt quickly.

On February 12, the US Environmental Protection Agency (EPA) announced the elimination of EPA’s 2009 Greenhouse Gas (GHG) Endangerment Finding and all subsequent federal GHG emission standards for vehicle model years 2012 and newer — a move that will dramatically limit federal government engagement on climate issues.

On February 3, President Trump signed a $1.2 trillion funding package into law just hours after the House passed the Senate’s amended version of the FY2026 appropriations package, H.R. 7148, ending a brief partial government shutdown that began in the early hours of January 31.

Massachusetts proposed amendments to the regulations that govern skilled nursing facilities (SNFs). Here is what operators, real property owners, and investors need to know as they acquire facilities, change managers, and navigate licensure renewals in Massachusetts.

On January 22, 2026, the US Department of Justice (DOJ) Criminal Division’s Fraud Section released its 2025 Year in Review (the Report), detailing its enforcement efforts and priorities.

The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities.

The longevity ecosystem sits at the crossroads of health care, life sciences, consumer wellness, artificial intelligence (AI), and other emerging technologies.

In the latest episode of “Tax Stuff You Should Know,” hosts Bob Pluth and Gene Magidenko unpack the CFM Insurance decision, spotlighting the complexities of captive insurance arrangements and the Internal Revenue Service’s (IRS) scrutiny of them.

The US market is both coveted and feared by overseas consumer‑product suppliers. Coveted for its scale and purchasing power, with fear that US product‑liability litigation inevitably follows sales.

The Internal Revenue Service (IRS) recently finalized new procedures for section 501(c) organizations to obtain and maintain group exemption letters and, after more than five years of suspension, resumed accepting applications for new group exemption letters.

Headlines that Matter for Companies and Executives in Regulated Industries

Policymakers at the federal, state, and local levels have questioned whether investment decisions can or should hinge on environmental, social, and governance (ESG) factors, with courts in Texas a particular hotspot for litigation over these efforts.

In recent months, three federal courts have refused to enforce expansive U.S. Department of Justice administrative subpoenas issued to providers of gender-affirming care, concluding that the subpoenas were issued for an improper purpose or exceeded the government’s statutory authority.

On January 29, the Office of Foreign Assets Control (OFAC) took its first steps to loosen the sanctions against Venezuela following the capture and removal of Nicolás Maduro at the beginning of January.

Download ArentFox Schiff’s Complete Annual 2025 Trade Secrets End of Year Report.

The US Food and Drug Administration (FDA) has approved a Phase 1 clinical trial from Life Biosciences that aims to help certain eye cells act younger and improve vision in glaucoma and related conditions.

The District of Columbia has enacted the Extreme Heat Eviction Protection Amendment Act of 2025, which amends the Rental Housing Act of 1985 to prohibit housing providers from evicting tenants on days when extreme heat conditions are predicted.

2026 will be a pivotal year for US energy policy and markets. We predict it will be defined by pressure to deliver affordability and reliability amid accelerating load growth, contested jurisdiction between states and Washington, DC, continued investment in renewable energy generation (notwithstanding significant new headwinds), a renewed interest in fossil fuels of all types and nuclear generation, and a priority for an “all-of-the-above” build-out to power data centers and the broader economy.

As we noted back in August 2025, the Trump Administration is moving aggressively to implement its agenda on foreign adversaries’ influence on agricultural pursuits.

On February 2, the US Department of Commerce issued a Federal Register Notice outlining “US content” exemption procedures and requirements under the Section 232 tariffs on certain medium- and heavy-duty vehicles (MHDVs).