Moratorium

News & Analysis as of

PBGC Announces 2014 Moratorium on ERISA Section 4062(e) Enforcement Actions

On July 8, 2014, the Pension Benefit Guaranty Corporation (PBGC) issued a press release announcing a moratorium on its enforcement of Employee Retirement Income Security Act of 1974(ERISA) Section 4062(e) through the end of...more

Santa Cruz County Board of Supervisors Approves Moratorium on All Oil and Gas Activities

This past Tuesday, May 20, the Santa Cruz County Board of Supervisors unanimously voted to approve a permanent moratorium on oil and gas exploration and development. Santa Cruz becomes the first county in the state of...more

TRICARE: DOL Announces 5-Year Moratorium on Affirmative Action Compliance Audits

Previous Health Law Updates reported on the efforts of the U.S. Department of Labor (DOL) to apply equal employment opportunity mandates to providers that subcontract to provide healthcare services for TRICARE beneficiaries....more

Denton (TX) City Council Enacts Drilling Moratorium and Will Consider Possible Ban on Fracking

Amidst complaints from citizens, the Denton, Texas city council unanimously enacted a drilling moratorium, which will be in effect until September 9th. The ordinance, which was adopted by the council at its May 6th meeting,...more

OFCCP Issues Directive On TRICARE Moratorium

Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has issued a Directive officially establishing its five-year moratorium on enforcement of the affirmative action obligations of TRICARE...more

Second Chance at a Hydraulic Fracturing Moratorium Moves Past First Major Obstacle

Senator Holly Mitchell (D-Los Angeles) and other supporters of SB 1132 cleared their first major hurdle in their renewed effort to place a moratorium on hydraulic fracturing and other forms of well stimulation treatment in...more

OFCCP Moratorium Offers Only Temporary Relief For Health Care Providers

Executive Summary: Labor Secretary Perez has announced a five-year moratorium on enforcement "of the affirmative action obligations of all TRICARE providers," and has stated that the Office of Federal Contract Compliance...more

CMS Final Rule on Moratoria for the Enrollment of New Home Health Agencies and Ambulance Suppliers and Providers

On February 4, 2014, the Centers for Medicare and Medicaid Services (CMS) issued in the Federal Register a notice of temporary moratoria on enrollment of new home health agencies (HHA) and ambulance suppliers and providers in...more

Alabama SHCC Update - February 2014

In this Update: - I. Public Hearings for Rules - A. 410-2-2-.08 Influenza - B. 410-2-3-.01 Hospice Services - II. State Health Plan Adjustment Applications - A. Consideration of Chilton County...more

CMS Expands Moratorium On New Home Health Agencies To Broward County; Extends Moratorium In Miami-Dade and Monroe Counties

On January 30, 2014, the Centers for Medicare and Medicaid Services (“CMS”) announced the expansion of its moratorium on the enrollment of new home health agencies in Medicare, Medicaid, and the Children’s Health Insurance...more

Appeal Court Allows $2-Billion Wind Farm Action to Proceed Against Government of Ontario

On November 12, 2013, inTrillium Power Wind Corporation v. Ontario (Natural Resources), 2013 ONCA 683, the Ontario Court of Appeal allowed a $2-billion action by Trillium Power Wind Corporation (Trillium) to proceed against...more

New York Landowners Threaten State with Takings Claims over Drilling Moratorium

In a draft complaint circulated to its members this week, the Joint Landowners Coalition of New York—a group of pro-drilling landowners—laid out several claims against state agencies and Governor Andrew Cuomo as a result of...more

New Hydraulic Fracturing Moratorium Bill: Worse Than Misguided

Senator Jim Ferlo (Armstrong, Westmoreland, and Allegheny, PA) recently announced his intention to introduce a bill calling for an open-ended moratorium on hydraulic fracturing in Pennsylvania. The bill is extremely...more

Assembly Passes Fracking Bill

Today the California Assembly passed a controversial bill regulating hydraulic fracturing, SB 4. The bill has been criticized by both industry groups and environmental organizations. Industry argues that the bill is...more

Medicare Enrollment Moratoria: Implications for Service Expansion and Certain Transactions

One of the provisions of the Affordable Care Act provided CMS with the authority to impose a temporary enrollment moratorium for a particular type of provider or supplier if determined to be necessary to combat fraud and...more

Hong Kong Stock Exchange Revises Listing Rules to Implement New Regime for Hong Kong IPOs

Overview In December 2012, the Securities and Futures Commission of Hong Kong (SFC), the securities regulatory watchdog in Hong Kong, initiated a new sponsor regime by imposing enhanced conduct requirements on...more

CMS Imposes Six-Month Moratoria on New Enrollments of Home Health Agencies and Ambulance Suppliers in Three Fraud “Hot Spots”

Last week, CMS announced temporary moratoria on the enrollment of new home health providers and ambulance suppliers in Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP) in three fraud “hot spots.”...more

San Bernardino County Approves Temporary Moratorium on Utility-Scale Solar Projects - County Wants Time to Consider Potential...

The San Bernardino County Board of Supervisors last week unanimously approved a 45-day moratorium on utility-scale solar energy projects to allow the County time to address potential land use compatibility issues posed by...more

New York Appeals Court Upholds Zoning Laws Banning Hydrofracking over State Oil and Gas Laws

In Norse Energy Corporation USA v. Town of Dryden, et al. and Cooperstown Holstein Corporation v. Town of Middlefield, the Third Department upheld local ordinances banning all activities related to the exploration for and the...more

The Government Of Québec Imposes A Temporary Moratorium On Uranium Exploration And Development

On March 28th, Québec Environment minister Yves-François Blanchet announced that the Bureau d’audiences publiques sur l’environnement (BAPE) will hold public hearings on the uranium sector in Québec. These hearings are...more

Proposed Regulations Released on Contraceptive Coverage Exemption and Accommodation for Nonprofit Religious Employers

On January 30, the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) released proposed regulations regarding contraceptive coverage for employees of religious employers. This guidance is the...more

HUD, FHFA Extend Foreclosure Protections For Hurricane Sandy Victims

On January 31, HUD and the FHFA announced that the FHA, Fannie Mae, and Freddie Mac will extend for an additional 90 days protections against foreclosure actions for borrowers whose properties were damaged or destroyed due to...more

Long Term Care Hospital Moratorium Expires

As of December 29, 2012, the moratorium preventing the designation of new long term care hospitals (LTCHs) or LTCH satellites or the addition of new LTCH beds has expired....more

Maryland Governor Proposes $1.5 Million Funding For Hydraulic Fracturing Study

As we have discussed in prior posts, Maryland has in place a de facto moratorium on shale exploration and drilling. Responding to inquiries about drilling into Marcellus shale formations in western Maryland, in 2011 Governor...more

SEC Lifts Moratorium on Actively Managed Exchange-Traded Funds' Use of Derivatives

On December 6, 2012, the U.S. Securities and Exchange Commission (the "SEC") announced that it will no longer defer consideration of exemptive requests relating to actively managed exchange-traded funds ("ETFs") seeking to...more

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