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Inflation Reduction Act
Texas Regional Haze: Fifth Circuit Grants EPA’s Motion to Remand the Texas Regional Haze FIP
On March 22, 2017, the U.S. Court of Appeals for the Fifth Circuit allowed EPA to revise and change the Texas Regional Haze Federal Implementation Plan (FIP) when it granted EPA’s motion to remand the plan to EPA for revision...
U.S. Futures Exchanges Disciplinary Actions Report - February 2017
NYMEX NYMEX 16-0600 Misc . Rules 413 – Summary Access Denial Actions (in part) and 413.A – Authority to Deny Access. On January 5, 2017, CME Group’s Market Regulation Department summarily denied a member’s direct and indirect access to the...
Public Finance Update – SLGS Window Closing
On March 8, 2017, the U.S. Department of the Treasury announced the suspension of sales of United States Treasury Obligations – State and Local Government Series (i.e., SLGS), effective 12:00 noon Eastern Time, March 15, 2017. New subscriptions for SLGS...
Another Win for Respondents’ Rights: District Court Opines on the Scope of De Novo Review
On March 8, 2017, the U.S. District Court for the Eastern District of California issued an order affirming that ETRACOM LLC and its owner (the “Respondents”) are entitled to a full trial on the merits and discovery rights in an...
EPA Withdraws Oil and Gas Information Collection Request
On March 2, 2017, new EPA Administrator Scott Pruitt made it clear that he will follow through on President Trump's promise to reduce regulatory burdens by withdrawing the Information Collection Request (ICR) that the Obama EPA issued last November to...
Frequently Asked Questions About the SEC's New Rules Requiring Hyperlinked Exhibits in Exchange Act and Securities Act Filings
On March 1, 2017, the Securities and Exchange Commission adopted changes to rules and forms that will require companies to provide hyperlinks to the exhibits listed in the exhibit index in most reports and registration statements filed under the Securities...
Fate of Environmental Justice Considerations
Just last summer, EPA released its final version of the Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (EJ Technical Guidance), defining “environmental justice” as “the fair treatment and meaningful involvement of all people regardless of race, color, national...
EPA Withdraws Oil and Gas Information Collection Request
On March 2, 2017, new EPA Administrator Scott Pruitt made it clear that he will follow through on President Trump's promise to reduce regulatory burdens by withdrawing the Information Collection Request (ICR) that the Obama EPA issued last November to...
SEC Proposes Additional Event Disclosures for Municipal Bond Issuers
On March 1, 2017, the Securities Exchange Commission voted in open meeting to propose amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 adding two event notices to the current fourteen required in continuing disclosure agreements of issuers...
SEC Announces Expedited Program to Vacate pre-Dodd Frank Collateral Bars from Non-Associated Industries
On January 17, 2017, the U.S. Court of Appeals for the D.C. Circuit vacated in part a Securities and Exchange Commission (SEC) order that imposed a collateral bar against Gregory Bartko, the former CEO and chief compliance officer of a...
President Signs Repeal of the SEC's Extraction Payment Disclosure Rule
Further to our February 2, 2017
U.S. Futures Exchanges Disciplinary Actions Report - January 2017
NYMEX NYMEX 15-0087-BC-7 Misc. Violation of Rule 432 – General Offenses (in part) In August a non-member firm was alleged to have failed to respond to Exchange staff requests for information related to an investigation. Accordingly, the Business Conduct Committee...
What Will Be the Fate of PHMSA’s Final Hazardous Liquids Pipeline Rule?
On January 13, 2017, just one week before President Trump’s inauguration, PHMSA released final updates to the Pipeline Safety Regulations applicable to onshore transportation of hazardous liquids (“Final Rule”) . The Final Rule was then subject to the Priebus Memo...
Recent Developments in Water
Sara Burgin covers a range of water issues, including: Nationwide Permits: What you need to know about the nationwide permits reissued by the Army Corps of Engineers Water Jurisdiction: What waters will be jurisdictional under the Trump administration NPDES Permit...
White House Issues Interim Guidance Memo on Implementation of "Two-for-One" Executive Order On Regulations, Invites Public Comment
On February 2, 2017, the Acting Administrator of the Office of Information and Regulatory Affairs (“OIRA”) issued a guidance document (the “Interim Guidance”) intended to help clarify President Trump’s January 30, 2017 Executive Order titled “Reducing Regulation and Controlling Regulatory...