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The Critical Minerals Supply Chain: A Growing Challenge for the U.S.

The global transition to clean energy is accelerating. Belatedly, attention is starting to move to mineral sourcing, particularly whether the necessary critical minerals will be available in the United States. A recent...more

Kigali Amendment Reaffirms U.S. Environmental Commitment

On September 21, 2022, the Senate passed the Kigali Amendment to the 1987 Montreal Protocol (which had been signed by former President Obama in 2016) by a vote of 69 to 27, reaffirming U.S. commitment to the reduction of...more

U.S. Doubles Down On Its Commitment to Reducing HFCs

On September 21, 2022, the Senate passed the Kigali Amendment to the 1987 Montreal Protocol by a vote of 69 to 27. While many have described the passage as largely symbolic it re-affirms the US’s commitment to the...more

PFAS and Federal Contracting: What Contractors Should Know and Why

Per- and polyfluoroalkyl substances, commonly known as PFAS, are long-lasting chemicals that are quickly gaining notoriety for both their persistence in the environment and their ubiquity in water, air, and soil. Developed in...more

U.S. Fish and Wildlife Service Makes Clear Its Commitment to Eagle Protection with a $35 Million Eagle Death Settlement and...

The already-complicated relationship between wind energy and eagles has taken center stage recently. The U.S. Fish and Wildlife Service (USFWS) is ramping up its efforts to protect bald and golden eagles at development...more

Conflicting GAO and CoFC Holdings Muddy The Waters Surrounding Key Personnel And The Duty (Or Lack Thereof) To Notify

The Court of Federal Claims (CoFC) recently held that an offeror was not obligated to inform the agency of staffing changes, affecting its key personnel, that occurred following its proposal submission. This new CoFC decision...more

Escaping Blue & Gold: Court Holds Filing A Pre-Award Agency-Level Protest Preserved Protester’s Arguments

In June 2007, the U.S. Court of Appeals for the Federal Circuit held that a party who fails to object to patent errors in a solicitation before the conclusion of the bidding process waives those objections. Blue & Gold Fleet,...more

OEHHA Proposes (additional) Changes to Prop 65 Short Form Warnings

About a year ago, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short form warning rules for Proposition 65. Proposition 65 requires businesses to warn Californians about exposure to...more

A More Stringent NEPA May Be On The Horizon: Implications For Renewable Energy Developments

Since the 1970s, the National Environmental Policy Act (“NEPA” or the “Act”) has required federal agencies to evaluate the environmental impacts of their proposed actions. Although NEPA was widely criticized from both sides,...more

The Private Sector Should Heed White House Warning On Cyber Resilience Because Compliance Is Coming

The increased concern about ransomware incidents from both quantitative and severity standpoints, spurred the White House to urge corporate business leaders to improve their defenses and resilience posture against ransomware...more

Is The TSA Security Directive A Harbinger Of Oil And Gas Cybersecurity Regulations?

In the weeks that followed a ransomware attack on a domestic pipeline company, the federal government’s efforts to shore up the cybersecurity posture of America’s critical infrastructure and supply chains, including the oil...more

Mandatory Breach Notification Requirements For Government Contractors Are Almost Here

President Biden’s newly released Executive Order on Improving the Nation’s Cybersecurity represents a comprehensive approach to tackling cybersecurity threats in the U.S. and will likely result in new FAR and DFARS contract...more

Heavy Metals In Baby Food – Congressional Report Unleashes A Flood Of Litigation

Heavy metals, such as arsenic, lead, cadmium, and mercury, are present in baby foods produced by U.S. baby food manufacturers according to a report released in February by the U.S. House of Representatives Subcommittee on...more

Cybersecurity Focus Shifts To Energy Infrastructure

The Biden Administration has committed to making cybersecurity a top priority and is now turning its focus towards energy infrastructure, which is widely recognized as vulnerable to cyberattack due to grid control systems....more

New Modifications To OEHHA’s Proposed Rule Offer Additional Flexibility

Last summer the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, to create an exception from the warning...more

FDA Issues Action Plan To Reduce Heavy Metals In Foods

The U.S. Food and Drug Administration (FDA) recently released a new action plan designed to further reduce exposure to toxic elements, including heavy metals, from foods for infants and young children. This represents the...more

Mandatory Breach Notification Requirements Are Coming For Government Contractors

The Biden Administration is imminently expected to release an executive order that will require government contractors to notify the government in the event of a cybersecurity breach. Despite the relatively steady rise in...more

PFAS – Regulation Is Upon Us

On January 14, 2021, on the eve of President Biden’s inauguration, EPA issued an advance notice of proposed rulemaking, seeking comment on whether PFOA and PFOS should be regulated under the Comprehensive Environmental...more

FDA Issues Warning Letters On Marketing And Sale Of OTC CBD Products

The U.S. Food and Drug Administration (FDA) issued Warning Letters this month to two companies concerning the marketing and sale of over-the-counter (OTC) drug products containing cannabidiol (CBD) as an inactive ingredient....more

OSHA Posts New Guidance On Mitigating And Preventing The Spread Of COVID-19 In The Workplace

On January 29, 2021, OSHA posted new guidance on mitigating and preventing the spread of COVID-19 in the workplace. The latest OSHA guidance standardizes a new name for employer policies: “COVID-19 Prevention Program.” In the...more

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