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Inflation Reduction Act
Marijuana and Workplace Safety: Managing the Risk of Occupational Accidents as Cannabis Use Increases and Legal Prohibitions Are Relaxed
More Americans are smoking or ingesting marijuana in one form or another and the potency of the product in many instances is increasing. At the same time, many states are relaxing or repealing marijuana prohibitions. Additionally, more of these jurisdictions...
Attestation: Practical Reflections on What the SEC Climate Proposal Will Require
Among the many changes set forth in the U.S. Securities and Exchange Commission’s proposed rules governing climate-related disclosures are the attestation requirements 1 covering registrants’ greenhouse gas (GHG) emissions disclosures. This article provides a general overview of these attestation requirements...
Hazardous Waste Update for Texas Facilities
Effective in February, the Texas Commission on Environmental Quality finally adopted EPA’s Generator Improvements rule for generators of hazardous waste under the Resource Conservation and Recovery Act. The most consequential piece of the new rule is the “episodic generator” standard...
Going Green in the Brownfields: Michael Borkowski and the Community Power Group
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jason Hutt , and Mike Borkowski about the development of renewable energy resources on properties that may have historical environmental liabilities. Jason Hutt is a partner...
FCPA Alert: Lessons Learned From Last Week's Trial Conviction of Roger Ng Relating to the 1MDB Malaysian Bond Deals
On Friday, after a two-month trial and just over three days of deliberation, a jury in the Eastern District of New York returned its verdict in the case against Roger Ng, finding the international banker guilty on all counts. Bracewell...
Summary Outline of SEC's Proposed Rule on Climate-Related Disclosure and Accounting
The SEC’s proposed rule on climate-related risks includes amendments to both the financial reporting requirements (Reg S-X) and the narrative disclosure requirements (Reg S-K). The proposal interlinks the new requirements, drawing aspects of the required narrative disclosures into the financial...
Tales From the Bench: A Conversation With Joe Cox
On this episode of Bracewell Covered, Bracewell partner Joe Cox shares stories from his time on the bench with host Vince Morgan . Joe is a former judge in the 160th Judicial District Court of the State of Texas. Joe...
Navigating Domestic and Cross-Border Data Privacy Risks, With Lucy Tyson and Brittney Justice
On this episode of Bracewell Sidebar, Lucy Porter and Brittney Justice join hosts Seth DuCharme and Matthew Nielsen to talk about data privacy. Lucy advises clients in a variety of matters related to the structuring and negotiating of services agreements...
Merchant Risk and the Energy Transition: Tensions in the Capital
Debt vs. Equity As part of the series of articles on the expansion of merchant risk in the traditional project finance market and its interplay with the energy transition, this article will explore the tensions between equity and debt providers...
Challenging Policy on Climate Change Grounds
Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project In R (on the application of Friends of the Earth Limited) (the “ Claimant ”) v The Secretary of State for International...
Sanctions and Export Controls
Seth DuCharme and Matthew Nielsen talk with Robert Dugan, assistant special agent in charge at the US Department of Commerce, Office of Export Enforcement, Miami Field Office, about the significance of the new Russian sanctions to American industry and financial...
The SEC's Proposed Rules on Climate-Related Disclosures – What to Do Now: A Guide for In-House Counsel Facing the Proposed Rules
The U.S. Securities and Exchange Commission’s recently proposed rules governing climate-related disclosures, if adopted as proposed, would represent a sea change to the existing public-company disclosure regime. The rules would require that public companies include the following, among other disclosures...
TIFIA – The Impact of the Infra Act
For the last couple of decades, many US greenfield transportation projects have benefited from “TIFIA” financing. The Transportation Infrastructure Finance and Innovation Act of 1998 (“TIFIA” or the “Program”) created a credit program to facilitate the financing of large transportation...
Supreme Court Takes Up Andy Warhol's "Prince Series" Fair Use Circuit Split
The U.S. Supreme Court agreed last week to review the Second Circuit’s decision that Andy Warhol’s well-known “Prince Series” was not a “transformative” fair use of the copyrighted Lynn Goldsmith photograph that Warhol used as source material (see Bracewell’s earlier...
Army Corps Issues Notice of Nationwide Permit 12 Review and Seeks Stakeholder Input
On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review of Nationwide Permit (“NWP”)...