Inflation Reduction Act
OFAC Expands Recordkeeping Requirements, Mandates Electronic Filings
Last week, the Office of Foreign Assets Control (OFAC) announced an interim final rule which amends the recordkeeping and reporting requirements relating to the various economic sanctions programs it enforces. Notably, the amendments confirm that the requirement to report and...
The Role of NGOs and the Private Sector in Environmental Justice With Matthew Tejada and Steven Cook
Environmental justice essentially means that all people — regardless of race, color, national origin or income — have the right to the same environmental protections and benefits, as well as meaningful involvement in the laws, regulations and policies that impact...
Market Integrity and Standardization: Shaping the Rules of the Voluntary Carbon Market
Bracewell’s Nicholas Neuberger and Adam Waszkiewicz take a look at how the rapidly evolving voluntary carbon market is attracting further scrutiny and questions surrounding governance and quality control.
EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance
The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we previously discussed , and 25 years since its last...
Compliance with a Few of EPA’s New RMP Program Changes Is Required Starting in May 2024
On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant changes to the...
US Producers File Antidumping and Countervailing Duty Petition Against Solar Cells and Panels From Southeast Asia
The American Alliance for Solar Manufacturing Trade Committee (Alliance) filed a petition with the US International Trade Commission (ITC) and the US Department of Commerce (Commerce) for the imposition of antidumping and countervailing duties (AD/CVD) on US imports of crystalline...
FINRA Facts and Trends: April 2024
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s first salvo against...
Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind
The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued...
Department of Labor’s Final Salary Rule Dramatically Increases Scope of Overtime Eligibility
The US Department of Labor (DOL) released its highly awaited final overtime rule. The final rule dramatically increases the salary threshold for “white collar” workers to be exempt from overtime under the Fair Labor Standards Act (FLSA). The rule substantially...
FTC Bans Nearly All Non-Compete Agreements
The Federal Trade Commission (FTC) on Tuesday issued a final rule banning non-compete agreements that prevent workers from working for a competitor or starting a competing business (the Rule). The Rule requires employers to provide notice to workers, except for...
Breaking Down the Congressional Review Act: A Special CRA Explainer
In this episode of the Bracewell Environmental Law Monitor, hosts Daniel Pope and Taylor Stuart are joined by colleagues in Bracewell’s Policy Resolution Group, Joseph Brazauskas , senior counsel and Liam Donovan , senior political strategist. The group discusses the...
US Supreme Court Holds That Pure Omissions Are Not Actionable Under Federal Anti-Fraud Rule
In a unanimous decision, the US Supreme Court held that pure omissions are not actionable under Rule 10b-5(b) under the Securities Exchange Act of 1934. [1] Rather, the Court found that Rule 10b–5(b) prohibits half-truths, not pure omissions, because the...
BOEM Finalizes Long-Awaited Overhaul of Offshore Oil and Gas Financial Assurance Regulations
The Bureau of Ocean Energy Management (BOEM) announced its finalization of a rule substantially revising the financial assurance requirements applicable to offshore oil and gas operations. The final rule revises criteria for determining whether oil, gas, and sulfur lessees, right-of-use...
Pregnant Workers Fairness Act: Long Anticipated Final Rule Published by the EEOC
The Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), which became law on June 27, 2023. Employers previously relied on the EEOC’s proposed rule for guidance in implementing the...
SEC Climate Disclosure Rule
Kevin Ewing led a tight, focused discussion of what matters in the new SEC climate disclosure rule. He discussed the key points of concern, their practical implications for mandatory and voluntary reporting, the status of rule-blocking litigation, and next steps...