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Inflation Reduction Act
Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees
A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive facilities. The Court's ruling in this carefully watched suit...
Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct
On February 19, 2013, the U.S. Supreme Court, in a unanimous decision , found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the Eleventh Circuit Court...
FTC Proposes Rules for Withdrawal of HSR Merger Filings
The Federal Trade Commission (FTC) has proposed formalizing its process for handling withdrawals of merger notifications under the Hart-Scott-Rodino (HSR) Act in order to better allocate its resources. The proposed changes to the HSR rules, which have been published for...
Competition Advocacy Group Files Comments in FERC Proceeding Involving Transmission Merger
On January 22, 2013, the American Antitrust Institute (AAI), an independent non-profit organization with a mission to advance the role of competition in the economy and protect consumers, filed comments in the Federal Energy Regulatory Commission's proceeding involving the proposed...
FERC Demands Due Diligence and Continues Focus on ISO Communications
Last month, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreement [1] (EnerNOC, Inc., 141 FERC ¶ 61,211 (2012)) to resolve an investigation by the Office of Enforcement (Enforcement) into whether EnerNOC, Inc. (EnerNOC) submitted...
HSR Thresholds Increase for 2013
The Federal Trade Commission (FTC) has announced revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 11, 2013. The revised thresholds will apply to any transaction closing on or after the effective date...
Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk
On January 1, 2013—immediately after passing the fiscal crisis bill—the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would have eroded the patent term of approximately...
PHMSA Inspections to Focus on Integrity Management Program Evaluations
Effective immediately, Pipeline and Hazardous Materials Safety Administration (PHMSA) inspections will emphasize the review of operator methods for integrity management (IM) program evaluations, the agency said in an Advisory Bulletin released earlier today. PHMSA also stated that it will carefully...
Lame-Duck Patent Reform Goes Almost Entirely Unnoticed
With most lawmakers focused on the so called "fiscal cliff" during the current lame duck session of Congress, Representative Lamar Smith (R-TX) has quietly once again proposed legislation to reform the United States patent system. This time, few seem to...
FERC Tees Up Enforcement for 2013
The specter of enforcement actions by the Federal Energy Regulatory Commission is looming large over the energy industries. In the post-election flurry of FERC enforcement activity, FERC curtailed JP Morgan Venture Energy Corp.'s authority to sell power at market-based rates...
Post-2012 Election Outlook for Shale Gas Industry
The extraordinary increase in the production of natural gas from shale formations in the U.S. played a central role in the 2012 elections. As President Obama and Governor Romney campaigned throughout the battleground states of Ohio, Pennsylvania, Virginia, Colorado and...
The Outlook for Environmental Enforcement in 2013
President Obama's re-election is expected to bring continued, aggressive enforcement efforts at the civil and criminal levels. To the extent that legislative initiatives on key issues like climate change, shale gas, and offshore drilling are delayed or given a lower...
FTC Defers to State Resolution of Competitive Concerns Arising Out of Acquisition of Natural Gas Assets
On November 7, 2012, the Federal Trade Commission announced it had closed its investigation of Hilcorp Alaska LLC's proposed $375M acquisition of Marathon Oil Company's Cook Inlet, Alaska natural gas production, storage, and pipeline assets, despite identifying several competitive concerns...
FTC Defers to State Resolution of Competitive Concerns Arising Out of Acquisition of Natural Gas Assets
On November 7, 2012, the Federal Trade Commission announced it had closed its investigation of Hilcorp Alaska LLC's proposed $375M acquisition of Marathon Oil Company's Cook Inlet, Alaska natural gas production, storage, and pipeline assets, despite identifying several competitive concerns...
What's in Store for Offshore Energy After the 2012 Election
President Obama describes his energy policy as an "All of the Above" approach that encourages production of traditional fossil fuels while supporting the growth of renewables. Despite an increase in overall U.S. energy production over the past four years, output...