In a recent development, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance (OECA) has announced an updated focus of its remediation and cost-recovery efforts under the federal Superfund law. This shift is particularly towards manufacturers of poly- and perfluoroalkyl substances (PFAS) along with other companies using PFAS in their production processes. A…
In a recent development, claims raised under the Securities Act of 1933 have been dismissed, categorized as both time-barred and otherwise lacking sufficient grounds. This dismissal holds significant implications for both corporate entities and legal practitioners alike. According to an article published on JD Supra, the turn of events began with a Supreme Court decision…
In a potentially significant development for Environmental law, Judge John Hunderaker recently ruled that the Endangered Species Act necessitates the Environmental Protection Agency (EPA) to engage in consultation with both the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) before setting out recommended water quality standards. A key factor in this…
As legal professionals navigating the vast and complex waters of new regulations, it is important to keep abreast of updates and changes in the field. One such development in the arena of cosmetic product manufacturing and processing is the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). This law represents a shift in regulatory obligations…
For many, in the bustling scene of corporate and legal professions, Biglaw Partner Neal Katyal breaking the monotony and partying may come as somewhat of a surprise. Nevertheless, this has served as a humbling and incontrovertibly hilarious reminder to us all: never underestimate the wrath of the weather. More on this escapade can be found…
The Tennessee Department of Environment and Conservation (TDEC) recently issued a proposed Order and Assessment to Murphy Oil USA, Inc. Murphy Oil is being addressed for alleged violations of the Tennessee Underground Storage Tank (UST) regulations. This measure by the TDEC is found under Division of Underground Storage Tanks Case No. UST22-0167. The TDEC’s proposal…
Legal observers have long recognized the necessity of staying abreast with the ever-evolving regulatory landscape, particularly in the sphere of European Union law. Keeping pace with the proficiency of law firms such as Allen & Overy LLP, which regularly monitors all pertinent developments in EU regulatory law, is instrumental for any legal professional working in…
Major changes are on the horizon with regarding to water management legislation in Colombia. Law No. 2320 was enacted on August 29, 2023, introducing significant modifications to article 111 of Law 99 of 1993. The changes pertain to the acquisition, restoration, rehabilitation and ecological recovery of areas of interest for municipal, district and regional aqueducts…
In recent news, the data breach case involving the National Health Service (NHS) Lanarkshire in Scotland has highlighted the critical importance of having robust policies and proper training for data protection in organizations (Refer here for the source news article). As we continue to navigate the unpredictable waters of the COVID-19 pandemic era, this incident…
On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA)—a change referred to as the Good Cause Rule. This new WOTUS rule significantly narrows…
Special attention should be given to the landmark legal case Cactus Water Services LLC v. COG Operating, LLC in the Texas Court of Appeals, as it raised an intriguing question about the ownership of produced water in Texas. In this case, as reported by JD Supra Legal News, a divided court ruled in favor of…
Whether you’re updating your will, or just starting to consider how you’re going to manage the disposition of your assets, it’s worth lending an ear to the ongoing debate surrounding ‘estrangement’ clauses in estate documents. In this scenario, we’re speaking about the inclusion of provisions specifically addressing the circumstances under which an estranged family member…
On August 29, 2023, the Environmental Protection Agency (EPA) introduced final amendments to the Waters of the United States (WOTUS) rule. The new and revised WOTUS rule contains significant alterations that bring clarity to determining which wetlands will fall under the protective purview of the Clean Water Act (CWA). The EPA’s recent move comes in…
In the recent California Environmental Law & Policy Update of September 1, 2023, a significant development has transpired. This involves the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, collectively referred to as “Corps”. In an unexpected move on Tuesday, both entities have released a new rule which dramatically downsizes the…
3M Co. and states have negotiated an uncommon provision in a revised multibillion-dollar PFAS (per- and polyfluoroalkyl substances) settlement. This provision potentially limits some future liability that 3M and water utilities could face, signaling a significant shift as more litigation involving these chemicals becomes probable. This revision comes as part of the multibillion-dollar PFAS settlement…
The International Committee of the Red Cross (ICRC) reported that 42 bodies were retrieved from the frontlines of the tense conflict in Somaliland. They also disclosed that over 300 detainees have been visited in the region on Thursday to support humanitarian purposes and provide information to their families about their whereabouts. The Red Cross accompanied…
Adherence to compliance procedures in international trade relations is becoming increasingly critical for corporations, particularly in the current geopolitical context. Many companies have found it necessary to reassess their export control compliance procedures, especially with respect to nations such as Russia, China, and Venezuela, which have adversarial or strained relations with the United States. In…
In an important legal update, the California Supreme Court rejected a review petition by Waterkeeper on August 23, 2023. As a result, the ruling by the Second District Court of Appeal remains the leading law in place. According to the decision by the Second District Court, the requirement for a reasonable use finding in relation…
Contaminating America’s drinking water sources has become a hot issue in the legal realm. California Attorney General Rob Bonta, in conjunction with three other states and the District of Columbia, recently filed an amicus letter outlining their concerns regarding the revised proposed class action settlement proposed by 3M with public water suppliers. This is in…
The U.S. Environmental Protection Agency (EPA) has rapidly implemented a new rule regarding jurisdiction under the Clean Water Act (CWA), making use of an exception to the Administrative Procedure Act’s normal requirement for public notice and comment. The new rule concerns the definition of “Waters of the United States,” and comes in response to a…
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers unveiled a final rule amending the interpretation of “waters of the United States” under the federal Clean Water Act (CWA). The revamp follows the Supreme Court’s decision in May 2023 in Sackett v. EPA, which substantially curtailed the…
On August 30, 2023, the U.S. Department of Labor (DOL) issued proposed regulations signalling its interest once again in increasing the minimum salary requirements for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemptions. The proposed legislation, if implemented, can potentially impact the employment and compliance capabilities of corporations and law firms nationwide. Regulation over…
The question of indebtedness secured by a so-called “pursuant to agreement” mortgage under the Maritime Act of the Marshall Islands has recently taken quite an interesting turn. As per reports, an amendment has been made to Section 309(2) of the Maritime Act which is expected to provide crucial clarifications on this very matter. According to…
On August 30, 2023, the U.S. Department of Labor (DOL) revealed a significant proposed regulation amendment involving employee exemptions under the Fair Labor Standards Act (FLSA). According to the proposal, the minimum salary threshold for specific ‘white-collar’ exempt employees would elevate by nearly $20,000 per year. This shift has ramifications for countless U.S. corporations, posing…
A congressional committee led by Chuck Schumer is set to conduct a series of “A.I. Insight Forums” that will feature dialogue with tech industry leaders such as Elon Musk of Tesla, Sundar Pichai of Google, Sam Altman of OpenAI, and Satya Nadella of Microsoft. The forums aim to inform the committee’s efforts in constructing a…