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Inflation Reduction Act
FERC Assesses Record Civil Penalty But the Story Is Just Beginning
By Order dated July 16, 2013 the Federal Energy Regulatory Commission (FERC) assessed civil penalties against Barclays Bank Plc. and four of its traders – Daniel Brin, Scott Connelly, Karen Levine and Ryan Smith (Order). The Order is notable for...
FERC Assesses Record Civil Penalty But the Story Is Just Beginning
By Order dated July 16, 2013 the Federal Energy Regulatory Commission (FERC) assessed civil penalties against Barclays Bank Plc. and four of its traders "“ Daniel Brin, Scott Connelly, Karen Levine and Ryan Smith (Order). The Order is notable for...
Shelby County v. Holder Decision Has Broad Impact on Voting Rights Act Compliance
On June 25, 2013, the Supreme Court of the United States issued a landmark Voting Rights Act opinion that will impact all Texas governmental entities. For the time being, no jurisdiction in the country is required to seek pre-clearance from...
High Court Finds Antitrust Scrutiny Applies to Pay-for-Delay Settlements
On June 17, 2013, the U.S. Supreme Court determined that the Federal Trade Commission’s (FTC) antitrust challenge to a reverse payment settlement agreement between drug manufacturers, otherwise known as a “pay-for-delay” deal, may go forward, reversing the Eleventh Circuit’s dismissal...
Class Arbitration: Arbitrator's Interpretation Subject to Limited Review
Reflecting the limited judicial review of an arbitrator’s decision, on June 10, 2013, the United States Supreme Court issued a unanimous opinion in Oxford Health Plans LLC v. Sutter affirming an arbitrator’s interpretation of a contract to allow class action...
EPA Issues New Final Greenhouse Gas Clean Air Act Permit
On June 10, 2013, EPA issued a final greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) permit to PL Propylene, LLC for construction of combustion turbines, heaters, waste heat boilers, and a flare at an existing propane dehydrogenation plant in...
DOE Approves LNG Export Authorization for Freeport LNG "“ A Win for LNG Exports?
The Department of Energy recently authorized Freeport LNG Expansion, L.P. ("FLEX") to export LNG to non-Free Trade Agreement countries. Importantly, this is the first order on LNG exports issued by the DOE since it collected comments on its two-part LNG...
Texas Puts its Lone-Star Spin on Trade Secret Protection
Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. 1 Texas recently joined the other forty-seven states 2 in implementing a version of...
OFCCP Requiring Contractors to Use Latest Census Data for AAPs
On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will be required to use the 2006-2010 EEO Tabulation, released by the U.S. Census Bureau in...
Department of Labor Issues Final Rule Increasing Salary Threshold for Exempt Positions
Following over 270,000 comments on its proposed rule, the Department of Labor (DOL) today issued the final rule revising the requirements for exemption from overtime pay for salaried workers. The DOL expects the rule to extend overtime pay protections to...
Shippers Rolling the Dice to Gain Oil Pipeline Capacity
With the growing capacity constraints on oil pipelines, the Federal Energy Regulatory Commission ("Commission") has recently extended the bounds of what it considers acceptable methods of apportioning limited capacity. In Seaway Crude Pipeline Company LLC , 143 FERC ¶ 61,036...
FERC Punts on Closely Watched Request to Order a Shale Oil Pipeline Interconnection
In an order issued on March 22, the Federal Energy Regulatory Commission ("FERC") once again declined to require an interstate oil pipeline to grant an interconnection requested by another pipeline. The order, issued in response to a complaint by High...
Supreme Court Limits Class Action Plaintiffs' Ability to Manipulate Jurisdiction
On March 19, 2013, the United States Supreme Court issued a unanimous opinion in Standard Fire Insurance Co. v. Knowles barring class action plaintiffs from using stipulations that limit the amount in controversy to avoid removal from state courts under...
Two Polar Bear Decisions in Two Weeks: Their Significance for Climate Change, Endangered Species and Project Development
The end of February saw a flurry of news regarding the status of the Polar Bear under the Endangered Species Act. On February 20, the US Fish and Wildlife Service reissued its so-called "4(d)" rule regarding the Bear, outlining the...
USCIS Publishes New Employment Eligibility Verification Form I-9 for Use by Employers Effective Today, March 8, 2013
Today, March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published the new version of the Employment Eligibility Verification Form I-9 (Form I-9) to be used by employers effective immediately. Employers are required to verify on the Form I-9...