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Inflation Reduction Act
CFTC Seeks Input on Dodd-Frank Implementation Issues Affecting Energy End-Users
With most of its rules implementing the swap regulatory provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in place, the Commodity Futures Trading Commission ("CFTC") is seeking new public input on several aspects of its Dodd-Frank...
What do "Abacus Guy," Mom, and Computers That Say "Stop!" Have in Common? They May be Unpatentable Abstract Ideas.
To listen to the podcast, please click here . Nine Justices of the Supreme Court and three oral advocates held over 100 spectators at bay for just over an hour as they debated—of all things—patents. Today’s case, Alice Corp. vs...
Texas One Step Closer to Obtaining Authority to Issue GHG Air Permits
As anticipated, on March 26, 2014, the Texas Commission on Environmental Quality (TCEQ) adopted rules to implement House Bill 788, which required the Commission to establish greenhouse gas (GHG) emissions rules. The new rules will become effective on April 17...
Proposed "Waters of the U.S." Rule Improves Regulatory Clarity - In Part
On March 28, we looked at the question of whether the rule proposed by the U.S. EPA and Army Corps of Engineers redefining their Clean Water Act jurisdiction was just a restatement of the current law. Today we will look...
Recent Legal Developments in the Roaring Utica Shale
Ohio's Utica Shale has been one of the hottest shale plays in the nation over the past six to nine months and in the midst of the impressive amount of activity (both from a transactional and operational standpoint) practitioners (and...
First Texas GHG Permit Upheld by EPA's Environmental Appeals Board
To listen to the podcast, please click here . On March 14, 2014, the Environmental Appeals Board (EAB) within EPA issued an order denying review of the first petition for review of a Texas greenhouse gas (GHG) prevention of significant...
Oklahoma Enters the Fray of Endangered Species Sue-and-Settle
On March 17, 2014, the State of Oklahoma sued the U.S. Department of the Interior, taking aim at the U.S. Fish and Wildlife Service's habit of settling large Endangered Species Act cases with Environmental Non-Governmental Organizations. The lawsuit signals an...
Delaware Supreme Court Confirms The Path to Business Judgment Review In Controlling Stockholder Transactions
To listen to the podcast, please click here . On March 14, 2014, the Delaware Supreme Court issued its eagerly-awaited decision in Kahn v. M&F Worldwide Corp. , No. 334, 2013 (Del. March 14, 2014). The Court affirmed the Chancery...
Copyright Co-Authorship: Be Prepared to Weather the Storms
To listen to the podcast, please click here . The recent Third Circuit decision in Brownstein v. Lindsay , --- F.3d ----, 2014 WL 306240 (3 rd Cir. Jan. 29, 2014) clarified important issues related to the statute of limitations...
Obama Directs Initiative to Update FLSA Overtime Regulations Likely to Tighten White-Collar Classifications
President Barack Obama on Thursday signed a Presidential Memorandum directing the Secretary of Labor to update the Fair Labor Standards Act (FLSA) regulations governing which "white collar" employees qualify for overtime exemptions. The stated goal of the initiative is to...
New Spotlight on Spill Prevention and Emergency Response
Two high-profile industrial accidents in the last year have focused public attention on compliance with often-overlooked federal standards for spill prevention and emergency response planning. As legislatures contemplate stricter standards and agencies dial up their enforcement, industrial facilities may wish...
Supreme Court Upholds Arbitration Award in Favor of British Natural Gas Investor in Argentina
To listen to the podcast, please click here . On March 5, 2014, the United States Supreme Court upheld a $185 million arbitration award obtained by the United Kingdom's BG Group PLC against the Republic of Argentina, pursuant to a...
Partnership Verdict In Dallas: You May Be Married and Not Know It
On Tuesday, March 4, 2014, a Dallas jury found that Enterprise Products Partners, L.P. ("Enterprise") had entered into a partnership with Energy Transfer Partners, L.P. ("ETP") to jointly develop a crude oil pipeline from Cushing, Oklahoma to the Texas Gulf...
The Future of the UK North Sea: A New Game with More Rules
On 24 February 2014, Sir Ian Wood delivered his Final Report (the " Report ") on the future of the UK Continental Shelf (" UKCS "). The Report sets out a number of conclusions and recommended actions relating largely to...
The Supreme Court Extends the Sarbanes Oxley Act Whistle-Blower Protections
To listen to the podcast, please click here . On Tuesday, the U.S. Supreme Court ruled that the whistle-blower protections of Section 806 of the Sarbanes Oxley Act apply to employees of privately held companies that are contractors or subcontractors...