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2021 Year-in-Review – U.S. State Privacy Legislation
The COVID-19 pandemic has rapidly accelerated our reliance on digital services and platforms, which brings new challenges and expectations for data privacy. But, to date, there has been little movement towards all-encompassing federal privacy legislation. Therefore, the issue of consumer...
FERC Seeks Stakeholder Input on Reactive Power Compensation
On November 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued a notice of inquiry seeking comment on a broad array of issues related to FERC’s policies respecting compensation to generation owners—including conventional resources, renewable resources, and resources interconnected to...
EPA and Army Say they are Staying in the Comfort Zone with the Proposed Revision to the Definition of "Waters of the United States"
On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water Act (CWA). Public...
ESG Regulatory Landscape Creates Commercial Pitfalls
With Environmental, Social and Governance (ESG) issues top of mind in almost every industry, including at the recently concluded COP26 climate change conference in Glasgow, the burgeoning US regulatory landscape and accompanying litigation trends are giving rise to a variety...
FINRA's Eileen Murray Defends Increased Regulation of ESG
In a recent interview with CNBC, FINRA Chair Eileen Murray forcefully made the case for increased government regulation of environmental, social and governance (ESG) disclosures by public companies. Citing concerns with the lack of ESG accountability, consistency and transparency, Murray...
Electricity Transmission Provisions in the Bipartisan Infrastructure Bill
On Monday, November 15, 2021, President Biden signed into law the $1.2 trillion Infrastructure Investment and Jobs Act (the “Act”), commonly referred to as the Bipartisan Infrastructure Bill. The package provides funding opportunities for a variety of traditional infrastructure projects...
Caging the Crypto Beast
On this episode of Bracewell Sidebar, we continue their conversation with Anne Termine about cryptocurrency, including how different regulators are trying to create order in the hard to regulate cryptocurrency markets. Anne joined the firm in June 2021, with over...
Infrastructure Investment and Jobs Act: Accelerating the Deployment of Hydrogen
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (commonly known as the Bipartisan Infrastructure Framework (BIF). The overall package is worth $1 trillion, and advances much of President Biden’s economic agenda, ranging from...
Dispute Resolution in the Oil and Gas Sector: Q&A
Bracewell’s John Gilbert offers a Q&A guide to dispute resolution in the oil and gas industry. This Q&A gives a high-level overview of the typical types of claims in the sector, who the parties to a dispute tend to be...
A Bright Spot in the Solar Market: Commerce Rejects Anonymous Petitions Requesting Anti-Circumvention Investigation and Tariffs
The U.S. Department of Commerce this week declined to launch an investigation into alleged circumvention of anti-dumping and countervailing duties (AD/CVD) by Chinese solar panel companies. The decision was a response to a petition filed with the agency on August...
U.S. Supreme Court Denies Review of Challenge to Equitable Mootness Doctrine
In a decision that will likely impact bankruptcy proceedings around the country, the Supreme Court recently denied the petition for writ of certiorari of David Hargreaves, which challenged the equitable mootness doctrine. 1 As a result, the concept of equitable...
The SEC Joins DOJ's War on Corporate Offenders
Last week we wrote about the three-pronged attack that the Department of Justice (DOJ) will use to get more aggressive in prosecuting cases and how they punish corporate offenders. Now, the U.S. Securities and Exchange Commission (SEC) has announced its...
EPA Announces Forthcoming Regulations to Curb Methane Emissions from Oil and Gas Sources
On November 2, 2021, the EPA announced a proposed rule aimed at reducing methane emissions from oil and gas sources. 1 The proposed rule is part of the Biden Administration’s U.S. Methane Emissions Reduction Action Plan, which was simultaneously unveiled...
Reminder: Environmental Law Seminar, November 9-10
On this episode of the Environmental Law Monitor, we take a break from our regularly scheduled program to give a preview of this week’s Environmental Law Seminar. For any questions you may have about the seminar, please contact Daniel Pope...
Reeves County District Court Rules in Favor of Oil & Gas Operator in Produced Water Dispute
On November 2, 2021, the Reeves County, Texas, District Court held in COG Operating LLC (“COG”) vs. Cactus Water Services, LLC et al. (“Cactus”) that COG, the oil & gas operator, (1) owns, among other things, the products contained in...