On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more
It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions. And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the...more
On 15 November 2021, Representative Nancy Mace (R-SC) introduced a comprehensive cannabis reform bill: the “States Reform Act” (SRA). As discussed in further detail below, the SRA would deschedule cannabis from the Controlled...more
Colleges, universities, and their federally funded research centers must navigate a range of evolving legal challenges associated with changing technologies, increased frequency of cyberattacks, global expansions, and more....more
In a one-page opinion, the U.S. Court of Appeals for the District of Columbia, sitting en banc, dismissed the lawsuit brought by the House of Representatives Committee on the Judiciary seeking to enforce its subpoena of...more
The congressional investigations landscape has shifted in the post-Trump era. With Democrats in charge of both chambers of Congress and the White House, more investigations will likely focus on the private sector. Beyond the...more
On 19 April 2021, the House of Representatives passed the “Secure and Fair Enforcement (SAFE) Banking Act of 2021”1 by a vote of 321-101. The bill was approved on a significantly bipartisan basis as 106 Republicans...more
The U.S. Environmental Protection Agency (EPA) recently announced a new policy that it intends to use in considering costs imposed by No Discharge Zones (NDZs) under § 312(f)(3) of the Clean Water Act (CWA). Calling this...more
Introduction - In September 2019, the U.S. House of Representatives passed the “Secure and Fair Enforcement (SAFE) Banking Act of 2019”, the first stand-alone cannabis legislation to be approved by the House of...more
The economic response to the pandemic will continue to generate significant investigative scrutiny by Congress, inspectors general, and law enforcement—likely for years to come. The House Select Subcommittee on the...more
On 21 January 2021, President Biden issued an executive order directing the Occupational Safety and Health Administration (OSHA) Assistant Secretary of Labor for Occupational Safety and Health to issue new guidance for...more
The election of Joseph R. Biden Jr. as president of the United States and Democratic control of the U.S. House of Representatives and Senate mean that the private sector can expect to be the main focus of congressional...more
2/4/2021
/ Biden Administration ,
Big Tech ,
CARES Act ,
Clean Energy ,
Climate Change ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Investigations ,
Paycheck Protection Program (PPP) ,
Private Sector ,
Public Policy ,
Regulatory Oversight ,
White Collar Crimes
The newly created House Select Subcommittee on the Coronavirus Crisis has launched a series of inquiries that will have lasting implications for recipients of Coronavirus Aid, Relief, and Economic Security Act (CARES Act)...more
Congress passed some $2 trillion worth of pandemic relief at the end of March, with additional relief currently under consideration. The rules governing these programs have been constantly changing. As millions of businesses...more
Top 10 Considerations for Foreign Flag Vessels Calling on U.S. Ports and U.S. Flag Vessels Operating Worldwide (Detailed Discussion) -
For almost a decade we have been discussing MARPOL Annex VI and the new global cap on...more
K&L Gates maritime professionals work at the intersection of the U.S. federal government and the maritime business. We asked some of them for their predictions about the year ahead regarding the Trump administration, the...more
On Wednesday, September 25th, the House of Representatives approved the “Secure and Fair Enforcement (SAFE) Banking Act of 2019” (H.R. 1595) by a vote of 321 to 103. The bipartisan bill is the first stand-alone cannabis...more
Federal agencies issue hundreds of significant rules each year, affecting virtually all aspects of U.S. economic activity. For decades, businesses, consumers, environmental and labor groups, and others have challenged these...more
7/12/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Remand ,
SCOTUS ,
Stare Decisis ,
Vacated ,
Veterans' Benefits
The Democrats have taken control of the U.S. House of Representatives and have promised an aggressive agenda of investigations and oversight. Although their majority is slim, Democrats now chair committees, determine which...more
Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal...more
A Pragmatic Approach to Being Tough on Crime – Including White Collar Crime -
The U.S. Department of Justice (“DOJ”) recently released a comprehensive update and review of the United States Attorneys’ Manual, now called...more
Enforcement is Getting Closer, but for Vessel Owners, Operators, Charterers, and Others, Visibility Remains Cloudy -
In our July 9, 2018, alert titled “Do You Clearly See What’s Coming: Having 20/20 Vision For the New 2020...more
What You Need to Know - The Democrats will control the House in the 116th Congress, which will convene on January 3, 2019. Although their majority is slim, Democrats now chair committees, determine which investigations to...more
Do We See Things Any More Clearly After the July 2018 IMO Intersessional Working Group Meeting?
In our July 9, 2018, alert entitled “Do You Clearly See What’s Coming? Having 20/20 Vision For the New 2020 Global Low Sulfur...more
Introduction - A recent decision by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) (“FCC”) has renewed important questions with respect to legal privilege, its varied conceptual and practical scopes and...more