The Alabama Department of Environmental Management (ADEM) and Rylie Oil Recycling, LLC, (ROR) have recently entered into a Consent Order (CO). This move comes as a response to alleged breaches of Alabama’s regulations concerning the transportation of used oil. As clarified, ROR operates a used oil transportation company or ‘Facility’ in Tuscaloosa County, Alabama. This…
In line with its commitment to safeguard consumers’ rights and establish transparency in commerce, the Federal Trade Commission (FTC) has put forth a proposal that could fundamentally alter the operational landscape of several industries. The proposal aims to ban the imposition of so-called "Junk Fees" – extraneous charges that companies often slip into the final…
The United States Environmental Protection Agency (EPA) and Phillips 66 Company have entered into a Consent Agreement and Final Order (CAFO) on September 15th, due to alleged violations of the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Regulations, in an event taking place at the Borger, Texas, refinery. The enforcement action originates from a…
In a turn of events for the City of Minneapolis, the 2040 Comprehensive Plan (2040 Comp Plan) has suffered a setback due to a recent decision by Minnesota’s Fourth Judicial District. As of September 5, 2023, the court has temporarily halted the city from carrying forward any parts of the residential development segment of the…
In a recent development, the U.S. Department of the Treasury and Internal Revenue Service (IRS) released proposed regulations about the transfer of clean vehicle credits. The proposed regulations pertain to Section 25E of the Internal Revenue Code, which covers previously owned clean vehicles, and Section 30D, dealing with new clean vehicles. The Revenue Procedure 2023-33,…
In your daily financial regulation brief for Saturday, October 7, 2023, there’s important news to unpack. Paul Hastings LLP reported on October 6, 2023, that the U.S. Department of the Treasury and the Internal Revenue Service (IRS) have released new guidance that aims to incentivize clean vehicle purchases by consumers and foster business growth for…
The United States Supreme Court has agreed to address a potentially impactful matter involving the Federal Arbitration Act (FAA) that requires both state and federal courts to respect private arbitration agreements created between parties. These parties can range from employers to their employees. In numerous cases, employers leverage arbitration agreements to circumvent what is often…
In this month’s noteworthy legal updates, our focus turns to the recent happenings within the North Carolina General Assembly. KTS Strategies, known for their multifaceted policy and advocacy skills, shares insights regarding a diverse range of legal considerations spanning local municipalities, corporate transportation entities, nonprofit entities, statewide associations, government vendors, and Fortune 500 companies operating…
In a case of first impression, a US district court judge recently ruled that the acquisition of three New Orleans-area hospitals by Louisiana Children’s Medical Center from HCA Healthcare, Inc. was free from both the federal antitrust laws and the Hart-Scott-Rodino (HSR) Act premerger notification and filing requirements pursuant to the state action doctrine. The…
In a substantial shift in policy, the education funding omnibus bill for the fiscal year 2024 has introduced changes to pupil transportation funding under the State School Aid Act. This reflects the first overhaul to general education transportation reimbursement in three decades. Section 22l of MCL 388.1622l has been added to provide for this funding…
On July 28, 2023, Illinois Governor J.B.Pritzker signed House Bill No. 2068 into law. Known as the “Transportation Benefits Program Act” or “Illinois Transit Law,” this legislation mandates employers to provide pre-tax transportation fringe benefits—referred to as “Transit Benefits”—to their employees. Recognizing the intersection of employment, economics, and commuter culture, this new law sets the…
In a recent JD Supra article, legal professionals from Goldberg Segalla elaborate on the zero-tolerance stance of federal regulations towards drugs and alcohol consumption by truck drivers, emphasizing that any failure of a federally prescribed substance test is considered unacceptable, regardless of the circumstances or legal nuances. The authors punctuate the hard fact – ‘A…
Amidst the blistering heat of a Texas summer, the state’s Comptroller’s office brought up some interesting tax issues in August 2023, including those related to seller-financed motor vehicle sales, rolling stock, and seeds. The report, published by Freeman Law, provides an in-depth analysis of these topics, which are of particular interest to legal professionals specialising…
Legal professionals across multiple sectors are actively following the influential role of the Jones Act, the foundational law that governs the American maritime industry. With detailed specifications about the transportation of merchandise within the United States by water, understanding this regulation is critical for both domestic and foreign operators serving the U.S market. The importance…
Transport for London (TfL), the government body that oversees transportation across the UK capital, has announced the appointment of an interim general counsel for 2023. This move follows the retirement of its longtime legal head. Andrea Clarke has officially assumed the role, succeeding Howard Carter, who has stepped away after 17 years at the helm….
In recent environmental legal developments, Macy’s, the renowned department store chain, has been held liable for environmental infringements across its 98 outlets in California and has been directed to pay a hefty sum of $1.6 million to resolve a lawsuit. This litigation was initiated by district attorneys hailing from 25 California counties and two city…
On August 7, 2023, a proposed amendment to the Federal Acquisition Regulation (FAR) was introduced with the aim of enforcing anti-trafficking reporting requirements on US-flag air carriers. This proposal was put forward by multiple US federal entities, namely the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration. If approved,…
In the ever-changing landscape of environmental law and regulations, a key focus has been the issue of microplastics, specifically nurdles. These small plastic pellets serve as the raw material for nearly all plastic products. However, they have garnered attention for their detrimental impact on the environment, as they frequently end up in our oceans and…
In a notable turn of events, a three-judge panel for the U.S. Court of Appeals for the Third Circuit reversed a decision by the Environmental Protection Agency (EPA). The judges held that the Clean Air Act (CAA) prevents the EPA from enforcing the strict, Prevention of Significant Deterioration (PSD) permitting on facilities that are reactivating…
In the latest legislative developments, the North Carolina General Assembly has been updated with comprehensive policy and advocacy advice from KTS Strategies. The firm brings years of experience servicing diverse industry clients, offering strategic insights to various federal, state, and local agencies. As reported by JDSupra, KTS Strategies has continued to provide its unique insight…
In a remarkable decision, the Fairfax County Board of Supervicors in Virginia has adopted an innovative plan named ‘Parking Reimagined’ on September 26, 2023. This fresh initiative carries significant implications for both commercial and multifamily uses in the locale, as it ushers in substantial parking reductions. However, it should be noted that the final multifamily…
A recent development in environmental law has seen several environmental organizations, including the Sierra Club, issuing a Petition for Rulemaking to the U.S. Environmental Protection Agency (EPA) on September 26th. This petition has requested for the establishment of a nationwide National Pollutant Discharge Elimination System (NPDES) permit, specifically for uncovered railcars that transport coal, under…
The Federal Motor Carrier Safety Administration (FMCSA) continues to make strides in establishing advanced motor carrier safety fitness determinations (SFDs). On August 29, 2023, the FMCSA published an advanced notice of proposed rulemaking (APRNM) as well as a request for public comment. This effort is part of their responsibility to fulfill the directive of the…
In the past year, interpretations related to the application of the coastwise laws to the developing offshore wind industry in the United States have shed light on how the construction and operation of offshore wind farms will progress. The US coastwise laws, which place restrictions on the transportation of merchandise and passengers, as well as…
In the complex world of law, particularly property law, the doctrine of Constructive Taking still holds relevance, given its impacts on such diverse areas as fisheries, mineral territories, transportation infrastructure, and recreational parks. If we look at a recent legal case, the relevance of this legal doctrine is all too clear. The concept of ‘taking’…