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Final Climate Risk Guidance Ensures Supervisory Focus from Banking Agencies in 2024

The Situation: In October 2023, the Office of the Comptroller of the Currency ("OCC"), Federal Reserve System, and Federal Deposit Insurance Corporation ("FDIC," and the three agencies collectively, "Agencies") finalized...more

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

FAA Updates Its Stance on Preemption of State and Local Drone Laws

The Federal Aviation Administration ("FAA") released an updated Fact Sheet clarifying its perspective on the limits of state and local governments to regulate drones. ...more

Fifth Circuit Clarifies FERC's Authority to Address Natural Gas Market Manipulation

The Fifth Circuit upheld a Federal Energy Regulatory Commission ("FERC") determination that an energy company unlawfully manipulated the natural gas market but rejected FERC's interpretation of its jurisdiction as overbroad....more

Final Rule Issued to Implement the No Surprises Act's Independent Dispute Resolution Process

The Centers for Medicare & Medicaid Services and other agencies together issued final regulations concerning the independent dispute resolution process for settling provider-payor disputes over reimbursement for...more

Prioritizing Emerging Technologies: DOT Seeks Comments on NETT Council's Future Work

On March 9, 2022, DOT published a request for public comment, due April 8, 2022, to shape the NETT Council's future direction. Created in April 2019, the NETT Council is an internal DOT body providing a specific avenue...more

The Regulatory Fast Lane: Final Rule Updates Federal Safety Standards for Highly Automated Vehicles

The Final Rule maintains the occupant protection performance required by the 200-Series FMVSS. It alters FMVSS definitions to accommodate emerging ADS technology and clarifies for manufacturers the application of particular...more

No Surprises Act Update: Rule Governing Dispute Resolution Process Set Aside

In a win for health care providers across the nation, the U.S. District Court for the Eastern District of Texas has vacated a key regulation regarding the process for resolving payment disputes between insurers and...more

Secrets on the Road: Protecting Trade Secrets of Highly Automated Vehicles Against Public Disclosure

Trade Secrets in the HAV Industry Trade secrets are invaluable in the HAV industry as its growth accelerates in the fast lane. HAV players defend their technology aggressively against competitors and departing employees who...more

Hands Off No More: Incident Reporting of Highly Automated Vehicles to DOT

On June 29, 2021, the National Highway Traffic Safety Administration ("NHTSA") issued Standing General Order 2021-01 (the "Order"), concerning safety-related incidents involving vehicles operating on publicly accessible roads...more

D.C. Circuit Holds International Finance Corporation Immune From Suit in Lender Liability Action

On July 6, 2021, the D.C. Circuit decided Jam et al. v. International Finance Corp., holding that lending decisions made by International Finance Corporation ("IFC") in the United States when it financed construction of a...more

Autonomous Vehicles: Legal and Regulatory Developments in the United States

The evolution of autonomous vehicle technology and its forthcoming widespread use have the potential for many societal benefits, including safer roads, greater economic productivity, and better fuel economy. Along with the...more

CFPB Requires Debt Collectors Seeking Evictions to Provide Notice of CDC Moratorium

On April 19, 2021, the Consumer Financial Protection Bureau ("CFPB") invoked its rulemaking authority under the Fair Debt Collection Practices Act to issue an interim final rule requiring debt collectors seeking eviction for...more

House Committee on Energy and Commerce Holds Hearing to Discuss Future of Autonomous Vehicles

The Situation: In an effort to regulate the development and implementation of autonomous vehicles, the House Committee on Energy and Commerce met to discuss a federal regulatory framework. The Result: The House has started...more

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