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2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

On Jan. 22, the FTC announced the 2024 filing thresholds under the HSR Act, as well as the 2024 filing fees. The new thresholds will be published in the Federal Register in the coming days....more

FTC and DOJ Jointly Publish Revised Merger Guidelines

On Dec. 18, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued new merger guidelines (Guidelines), finalizing draft guidelines published in July and replacing the 2010 Horizontal Merger...more

FTC and DOJ Jointly Propose New Merger Guidelines

On July 19, 2023, the FTC and the DOJ (collectively, the agencies) jointly released new draft merger guidelines. The agencies assert that the proposed guidelines will help them better assess the impact of proposed mergers...more

FTC Proposes Sweeping Changes to HSR Reporting Requirements

On June 27, the Federal Trade Commission (FTC) issued a press release[1] announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). Under...more

Overview of Proposed Regulations Superfund Taxes

On March 29, the IRS and U.S. Treasury Department (Treasury) published proposed regulations regarding the recently reinstated Superfund chemical taxes (Proposed Regulations) and set a May 28 deadline for comments. The...more

2023 HSR Filing Thresholds and New Filing Fee Structure Announced

On Jan. 25, the Federal Trade Commission (FTC) published a notice in the Federal Register announcing the 2023 filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act). The notice also...more

DOJ’s Kanter: New Merger Guidelines to Address Enforcement’s ‘Disconnect’ with Court Precedent and Market Realities

​​​​​​​On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his...more

IRS Provides Initial and Limited Guidance on Newly Reinstated ‘Superfund Tax’

Last month, the IRS published Notice 2021-66, issued in response to the Infrastructure Investment and Jobs Act’s (Jobs Act) reinstatement of the previously expired “Superfund Tax”—an excise tax imposed on manufacturers,...more

President Biden's Executive Order: A Revolution in Antitrust Enforcement?

On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy. According to the fact sheet that accompanied the order, competition in the U.S. economy is in dire straits....more

Employers Sound Alarms Regarding Confusing OSHA Reporting Obligations in Wake of COVID-19 Cases, But It's Back to the Regs for...

Background - The COVID-19 pandemic has raised questions surrounding the duty of employers covered by the Occupational Safety and Health Act (OSHA) to report COVID-19 hospitalizations or fatalities to OSHA....more

The Destruction of Privilege and Work Product Protection for Data Breach Investigations?

Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key...more

California Subjects Hazardous Waste Facilities to New "Scoring" System That Raises Stakes for Challenging Alleged Compliance...

Starting in 2019, California will subject hazardous waste facilities operating in the state to a “scoring” system called the Violations Scoring Procedure (VSP). The California Department of Toxic Substances Control (DTSC)...more

EPA’s 2015 General Permit for Industrial Stormwater Carries New Risks for Industry

In a controversial change, the 2015 version of the Environmental Protection Agency (EPA) general permit for industrial stormwater discharges (known as the Multi-Sector General Permit, or MSGP) expressly prohibits the...more

In Cross-Border Contamination Case, Court Holds That CERCLA Displaces Federal Common Law Public Nuisance Claim

In yet another recent case involving the intersection of CERCLA and state law, the United States District Court for the Eastern District of Washington held that CERCLA legislatively displaced federal common law public...more

EPA to Propose Health Care Facility-Specific Regulations for the Management of Hazardous Waste Pharmaceuticals Under RCRA

EPA plans to propose new regulations this year to address the management of hazardous waste pharmaceuticals under the Resource Conservation and Recovery Act (RCRA). The agency anticipates issuing a notice of proposed...more

D.C. Circuit Rejects Petition Seeking TSCA Regulation of Spent Lead Bullets and Shot

On December 23, 2014, the U.S. Court of Appeals for the D.C. Circuit issued an opinion rejecting on the merits a petition filed by 101 environmental groups seeking to compel EPA to regulate spent lead bullets and shot under...more

EPA Significantly Revises Regulations Affecting Hazardous Materials Recyclers

On December 10, 2014, EPA released a prepublication version of its long-awaited final rule revising regulations affecting hazardous materials recyclers under the Resource Conservation and Recovery Act (“RCRA”). The rule,...more

Texas Supreme Court to Hear Defamation Case Involving Fracking Claims

On August 21, 2014, the Texas Supreme Court agreed to hear oral arguments in an ongoing dispute between a homeowner and Texas-based oil driller Range Resources Corp. The case is not a typical homeowner vs. oil driller...more

EPA Proposes to no Longer Accept 2005 Version of ASTM Standards and Practices for Environmental Site Assessments as Basis for...

On June 17, 2014, EPA published a Proposed Rule to no longer acknowledge the 2005 version of ASTM International’s recently updated version of its standard for environmental site assessments – Standard 1527-13 – to meet the...more

Supreme Court Sends Strong Signal that Lower Courts Should Stop Interpreting CERCLA “in a liberal manner” and Focus on the...

The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more

D.C. Circuit Tells EPA Its Policy on Aggregating Sources for Clean Air Act Permitting Violates EPA’s Own Regulations

Following a ruling by the D.C. Circuit, EPA may no longer consider interrelatedness in determining adjacency when making source determination decisions in its Title V or New Source Review permitting decisions under the Clean...more

Seventh Circuit Opens the Door for Judicial Review of Citizen Suits Challenging Completed Portions of Ongoing CERCLA Cleanups

The Seventh Circuit Court of Appeals has opened the door for judicial review of CERCLA citizen suits challenging the completed portions of some cleanup actions even when cleanup at the site is ongoing. The case is Frey v....more

Colorado Activist Group Opposed to Hydraulic Fracturing Proposes Ballot Initiative To Give Municipalities Broad Regulatory...

Last week, the Colorado Community Rights Network, an activist group that opposes hydraulic fracturing, filed a proposed ballot initiative to amend the Colorado Constitution to give municipalities extraordinarily broad...more

EPA Adopts Updated Standards And Practices For Environmental Site Assessments; Forthcoming Proposed Rule Will No Longer Accept...

On December 30, 2013, EPA published a Final Rule providing that a prospective purchaser or tenant of contaminated property may use ASTM International’s recently updated version of its standard for environmental site...more

Litigation Over Hydraulic Fracturing in New York Rolls On, As Arguments Are Made To High Court The Same Week A New Lawsuit Emerges...

On December 16, 2013, the Town of Dryden, New York filed its merits brief with the New York Court of Appeals, arguing that state law does not preempt the Town’s local zoning ordinance purporting to ban hydraulic fracturing....more

12/19/2013  /  Fracking , Fracking Bans , Oil & Gas
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