Key Energy Environment and Natural Resources Provisions of the 2019 Defense Bill

by WilmerHale

The President is scheduled to sign the National Defense Authorization Act for Fiscal Year 2019 (NDAA) on Monday, August 13 at a ceremony at Fort Drum, New York.1 Named for Senator John S. McCain (R-Ariz.), the bill authorizes a total national defense budget of $717 billion, including $616.9 billion for the base Pentagon budget and $21.9 billion for the Department of Energy’s nuclear weapons programs. The NDAA also authorizes $69 billion to fund U.S. war efforts, called Overseas Contingency Operations. The 2019 NDAA was the product of a rapid bipartisan effort—the final version passed the House of Representatives on July 26 and the Senate on August 1. Signing of this bill in August will mark one of the rare times that a defense authorization bill has become law before the start of the new fiscal year on October 1.2 The policy decisions Congress makes through the NDAA—the substantial funds it authorizes and the direction it gives to the Department of Defense (DoD)—have a global impact.

As we wrote in connection with the 2018 NDAA,3 buried deep in the mammoth national defense authorization acts are often-overlooked provisions that have a major impact on energy, environment and natural resources policy. As the single largest energy consumer in the world, with industrial-scale operations at military bases, and with millions of acres of habitat under its purview, DoD has a vested interest in these issues. Here is a look at some of the key provisions of the 2019 NDAA that address energy, environment and natural resources issues.

1. Section 315: Funding of Study and Assessment of Health Implications of Per- and Polyfluoroalkyl Substances Contamination in Drinking Water by Agency for Toxic Substances and Disease Registry

Per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)—were once ubiquitous in commercial products and were used frequently by the military, especially in a foam commonly deployed to extinguish fires. Studies suggest that exposure may be injurious to human health among certain sensitive populations, including by potentially causing birth defects, certain cancers, and liver and thyroid damage.4 Assessing safe PFOA and PFOS exposure levels has attracted considerable attention from the environmental community and other concerned parties, including members of Congress, some states and the public at large. While the chemicals have largely been phased out of consumer products, they have more recently been detected in groundwater near industrial facilities. In December 2016, DoD identified 393 DoD installations with known or suspected areas of PFOA/PFOS release.5

The 2018 NDAA provided $7 million for a study of the human health effects of PFOA and PFOS in drinking water and groundwater to be conducted by the Centers for Disease Control and Prevention, and it authorized the Navy and Air Force to remediate PFOA and PFOS with over $72 million combined.6

The 2019 NDAA goes even further.

First, it authorizes increased funding to $10 million total for the PFOA/PFOS health study.

Second, it directs the Secretary of Defense to submit to Congress an “assessment and remediation plan” six months after the administrator of the Environmental Protection Agency establishes a maximum contaminant level for PFAS contamination in drinking water.7 The DoD report is to contain a plan to assess any contamination at DoD installations and surrounding communities that may have occurred from PFAS usage by the DoD; identify remediation actions the DoD plans to undertake; provide an estimate of the cost of such remediation; and provide an assessment of past expenditures by local water authorities to address contamination before the EPA established a maximum containment level and an estimated cost to reimburse those communities for such expenditures.

Third, the 2019 NDAA directs the Secretary of Defense to conduct an assessment of the human health implications of PFAS exposure. This report shall contain a “meta-analysis” that considers the current scientific evidence linking the health effects of PFAS to Armed Forces members who were exposed to PFAS at military installations; an estimate of the number of Armed Forces’ members who may have been exposed to PFAS during their service; the development of a process to facilitate the transfer of health information on impacted individuals between DoD and the Department of Veterans Affairs; and a description of the amount of funding that would be required to administer a potential registry of individuals who may have been exposed to PFAS while serving in the Armed Forces.

Finally, the NDAA continues to authorize the services to address chemicals like PFAS and prevent them from entering the local water supplies. Clearly, Congress is responding to pressure to take action against PFAS without waiting for the results of the mandated studies or the formal establishment by EPA of a maximum contaminant level for drinking water.

2. Section 313: Use of Proceeds from Sales of Electrical Energy Derived from Geothermal Resources for Projects at Military Installations Where Resources Are Located

There exists on some military bases alternative energy resources that produce electrical energy that the base then sells to a utility company. Traditionally, federal law (10 U.S.C. § 2916) has required that proceeds from those sales be credited not to the base itself where the energy originated but to the military department overseeing the base.

But due to a provision in the NDAA backed by Representatives Kevin McCarthy (R-Calif.) and Paul Cook (R-Calif.), if the alternative energy that the military base uses to produce the electric energy is a geothermal energy resource, the military installation will be able to retain 50% of the proceeds to support “energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.”

Press reports indicate that this provision was inserted specifically to benefit Naval Air Weapons Station China Lake in California, which uses geothermal resources on base to produce electricity that it sells to Southern California Edison.8 Now, under the NDAA, the proceeds from these sales will support infrastructure projects on the base. Furthermore, those proceeds will not be “appropriated” by Congress, meaning they will not be subject to sequestration or continuing resolution acts in the normal course of federal funding. In essence, the revenue itself represents a renewable resource that will benefit the bases from which the energy is derived and sold.

These benefits may incentivize other military bases to develop geothermal electric resources that can generate a stable stream of revenue for the construction of energy- and water-related infrastructure projects.

3. Section 337: Report on Wildfire Suppression Capabilities of Active and Reserve Components

The wildfires burning in the United States in 2018 are proving to be more destructive than those in 2017. At the time of this writing, in California, 17 wildfires have burned nearly 600,000 acres, destroyed thousands of homes, and killed more than 40 people, over the past ten months.9 Wildfires in Oregon and Colorado have also laid waste to more than 250,000 acres collectively.10 Recently, the White House approved California’s request for a Presidential Major Disaster Declaration to cope with the fires.11 Human activity—from starting fires, to living close to wilderness, to forest management practices, to contributing to climate change that leads to rising average temperatures and drier forests—contributes to increased wildfire risk and to more fires that burn hotter and longer.12

The NDAA takes the newsworthy step of expressing the sense of Congress that “wildfires endanger national security.” It directs the Secretary of Defense to submit to Congress within three months of enactment “a report on the wildfire suppression capabilities within the active and reserve components of the Armed Forces, including the Modular Airborne Fire Fighting System Program, and interagency cooperation with the Forest Service and the Department of the Interior.” Clearly, Congress is recognizing that wildfires require a whole-of-government approach, regardless of the politics surrounding climate change.

4. Section 316: Extension of Authorized Periods of Permitted Incidental Takings of Marine Mammals in the Course of Specified Activities by Department of Defense

Pursuant to the Marine Mammal Protection Act of 1972, DoD must obtain permission from the National Marine Fisheries Service, an agency under the auspices of the National Oceanic and Atmospheric Administration, for the incidental taking of marine mammals during military operations. The NDAA extends the length of time that the military can be authorized for incidental takings of marine mammals from five years to seven years if the Secretary finds that such takings will have a negligible impact on any marine mammal species. The seven-year extension is a reduction from the version of the NDAA that passed the House, which had called for extending the period to a decade. At least one environmental group has expressed disappointment that the period was extended at all.13

5. Section 1052: Authority to Transfer Funds for Bien Hoa Dioxin Cleanup

During the Vietnam War, the U.S. military sprayed an herbicide mixture known as Agent Orange across Vietnam. Agent Orange contained a chemical called dioxin, a highly toxic and persistent organic pollutant linked to cancers, diabetes, birth defects and other disabilities that persists in parts of Vietnam and continues to affect Vietnamese people and American veterans who were exposed to these chemicals.14

The largest remaining dioxin-contaminated hot spot in Vietnam is at Bien Hoa Airbase near Ho Chi Minh City, a former U.S. Air Force Base that witnessed four major herbicide spills from December 1969 to March 1970.15 The NDAA authorizes the Secretary of Defense to transfer up to $15 million in each of fiscal years 2019 through 2027 to the Secretary of State to support a partially U.S. government-funded cleanup of dioxin at the Bien Hoa Airbase.

The cleanup is notable for a few reasons. First, it is rare for the U.S. government to fund environmental cleanup in a foreign country that was the site of U.S. military activities. This provision represents a remarkable exception. Second, the effort to assist Vietnam with the cleanup of dioxin is both a sign of and a contributor to the growing Vietnamese-American rapprochement that has seen in recent years a presidential visit to Vietnam,16 the visit of a U.S. aircraft carrier for the first time in the decades since the war, and growing military ties between the two nations, driven in part by Chinese revanchism in the South China Sea.17 Third, it should not escape notice that the dioxin cleanup provision is included in the defense policy bill named for Senator McCain, a former Vietnam War POW, who has long advocated for normalized and improving relations with the country.18

Finally, we note two provisions that were not adopted in the NDAA’s final text. First, Section 315 of the original House bill sought to narrow the conditions under which resources could be used to treat PFOS and PFOA in drinking water. It listed five conditions that would need to be met to receive assistance, including that local water authorities would have to have requested assistance or developed a plan to treat these chemicals prior to March 1, 2018 and they would have to waive all claims against the U.S. and the National Guard for treatment expenses incurred before January 1, 2018. The omission of this section suggests that Congress is willing to consider opening the public purse to support PFAS remediation and has not, at least not yet, sought to shield the government from legal liability.

Second, the original House bill contained a provision (originally Section 314) that would have prohibited listing the Greater Sage-Grouse and the Lesser Prairie-Chicken under the Endangered Species Act for a 10-year period. This section would also provide that the previous such listing of the American Burying Beetle may not be enforced or reinstated. Such a provision is part of a longstanding effort by opponents of the ESA to modify and weaken it through the NDAA process. Here, such efforts were once again unsuccessful.

  1. John S. McCain National Defense Authorization Act for Fiscal Year 2019, H.R. 5515, 115th Cong. (2018); Seung Min Kim, Trump to Make New York Trip to Sign Defense Bill Named for John McCain, Washington Post, Aug. 7, 2018.
  2. John S. McCain National Defense Authorization Act for Fiscal Year 2019, H.R. 5515, 115th Cong. (2018); Seung Min Kim, Trump to Make New York Trip to Sign Defense Bill Named for John McCain, Washington Post, Aug. 7, 2018.
  3. Rachel Jacobson, Matthew F. Ferraro and Mark L. Hanin, Congress’ Overlooked Environmental Legislation, Law 360, June 11, 2018.
  4. Agency for Toxic Substances and Disease Registry, Toxicological Profile for Perfluoroalkyls, U.S. Department of Health and Human Services, June 2018.
  5. See Rachel Jacobson, Matthew F. Ferraro and Mark L. Hanin, Environmental Deconfliction: The National Defense Authorization Act For Fiscal Year 2018 and Its Implications for Energy, Environment, and Natural Resources, 18 PRATT’S ENERGY LAW REPORT 223, 227-228 (2018).
  6. Id. at 228.
  7. EPA uses a multi-step process for establishing maximum contaminant levels for drinking water culminating in a rulemaking. The process could take years.
  8. Jack Barnwell, NDAA Includes Provision to Benefit China Lake Water, Energy Security, The Daily Independent, Aug. 3, 2018.
  9. Tim Arango & Jennifer Medina, California Fire Now the Largest in State History: ‘People Are on Edge’, New York Times, Aug. 7, 2018.
  10. Anastasia Selby, I’m a Woman Who Fought Wildfires for 7 Years. Climate Change is Absolutely Making Them Worse, Vox, July 30, 2018.
  11. Governor Brown Announces Federal Approval of Presidential Major Disaster Declaration for Shasta County, Aug. 4, 2018.
  12. Umair Irfan, The West is on Fire…Again, Vox, Aug. 2, 2018.
  13. Courtney Columbus, Policy Bill with Marine Mammal Rider on its Way to President, E&E News, Aug. 1, 2018.
  14. What is Agent Orange?, Aspen Institute.
  15. Biên Hoà Airbase Dioxin Remediation to Start, Viet Nam News, Jan. 24, 2018.
  16. Daniel Malloy, U.S. Helping Defuse Vietnam’s Dioxin Hot Spots Blamed on Agent Orange, Washington Post, Apr. 8, 2016.
  17. J.D. Simkins, Carl Vinson First Carrier to Visit Vietnam Since War, Navy Times, Mar. 5, 2018.
  18. John S. McCain, Statement on Restoration of Diplomatic Relations with Vietnam, July 11, 1995.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© WilmerHale | Attorney Advertising

Written by:


WilmerHale on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.