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Inflation Reduction Act
Montana District Court Vacates and Remands Clean Water Act Nationwide Permit 12
In a surprisingly broad decision, the District of Montana vacated the U.S. Army Corps of Engineers (“Corps”) Nationwide Permit (“NWP”) 12 on April 15, 2020. NWP 12 authorizes impacts from “utility line activities” to jurisdictional waters that have minimal individual...
EHS Self-Auditing: Effectively Utilizing Privileges to Protect Your Findings
Assessing compliance with EHS-related requirements is fundamental for industry, not only to validate compliance assurance efforts, but to help prevent, or at least minimize, enforcement exposure. At the same time, however, candid evaluations give rise to other risks in the...
COVID-19 Impact on US Renewable Energy Projects
The COVID-19 pandemic is raising numerous concerns for renewable energy projects under development in the United States. First, will Congress address renewable energy industry concerns in the coming round of the COVID-19 legislative debate, or soon thereafter, by extending renewable...
Force Majeure and Material Adverse Change in Reserve Based Lending (RBL): When Two Black Swans Collide
A “black swan event” is an unpredictable event that is beyond what is normally expected and which has potentially severe consequences. Black swan events are characterised by their rareness and severity. Independent exploration and production oil and gas companies (“...
Climate change disclosures for premium-listed companies on the London stock exchange
Climate change is now a regular feature of boardroom discussions. Companies have acknowledged that it will directly impact their business, with the former Bank of England Governor Mark Carney recently noting that “ changes in climate policies, new technologies and...
COVID-19 and "Electronic" Execution of English Law Documents
In light of the on-going Covid-19 pandemic, many organisations are implementing remote working policies and limiting access to offices in order to effect social distancing measures. Notwithstanding the changes to usual working practices, organisations continue to enter into binding contractual...
As Cyberthreats Continue, PHMSA and TSA MOU Stresses Information Sharing and Coordination
The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Transportation Security Administration (TSA) recently finalized an Annex to a longstanding Memorandum of Understanding (MOU) regarding pipeline safety and security. This Annex comes just weeks after a publicized natural gas...
President Trump Signs Families First Coronavirus Response Act
On March 18, 2020, President Donald Trump signed into law the Families First Coronavirus Response Act (the “FFCRA”). The FFCRA seeks to assist employees impacted by novel coronavirus (“COVID-19”) and applies to employers with fewer than 500 employees . The...
DOJ Wins Groundbreaking Arbitration to Resolve Merger Challenge
The U.S. Department of Justice Antitrust Division (DOJ) has prevailed in a first-of-its-kind arbitration, resolving its challenge to aluminum producer Novelis Inc.’s $2.6 billion proposed acquisition of rival Aleris Corporation. As a result of the arbitrator’s ruling in favor of...
New House Bill Prompted by Coronavirus
In the early morning hours of March 14, 2020, the U.S. House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act (the “House Bill”), which seeks to assist employees impacted by the coronavirus and has significant impacts for...
RMP Rule: What's Going On?
The U.S. Environmental Protection Agency (EPA) adopted revisions to the federal Risk Management Plan (RMP) rule in December 2019, undoing some – but not all – of the program changes adopted in the final days of the Obama administration. Please...
COVID-19 Preparedness
Employers across the world are responding to the developing information on the coronavirus (referred to as COVID-19). While there are many considerations, and many fact-specific considerations based on the nature of the workforce, employers should keep these tips... Read more...
FTC to Investigate Big Tech's Past Deals and Consider Broadening Merger Notification Requirements
In an unprecedented move further expanding its ongoing investigation of large technology companies, the Federal Trade Commission (FTC) has ordered Amazon.com , Apple, Facebook, Microsoft and Google to provide details about their acquisitions during the past 10 years that were...
Navigating Waters Protection Rule
Long-watched by businesses affected by the jurisdictional scope of the Clean Water Act, the Administration’s rulemaking for Waters of the United States has been announced and will soon be final. Please join Sara Burgin, Ann Navaro, and Daniel Pope as...