News & Analysis as of

Obama Administration

The DOL Rolls Over, Fiduciary Rule Effectively Dead

by Ary Rosenbaum on

The Department of Labor (DOL) said it’s not going to pursue enforcement actions against investment advice fiduciaries “who are working diligently and in good faith to comply” with requirements of the fiduciary rule that was...more

EPA Halts Financial Assurance Requirements for Hardrock Mining

by Williams Mullen on

EPA continues to walk-back Obama-era regulations. The beneficiary this time is the mining industry, with EPA stating its intention not to issue a final rule establishing financial responsibility requirements for hardrock...more

EPA Keeps Landfill Methane Rules In Place... At Least for the Moment

by Williams Mullen on

Municipal solid waste (MSW) landfills receive non-hazardous waste from residential properties, commercial businesses, and institutions. When MSW is placed in a lined landfill and covered, it decomposes and emits a gas into...more

D.C. District Court Rebuffs DACA Rescission

On April 24, 2018, the U.S. District Court for the District of Columbia rejected the decision by the U.S. Department of Homeland Security (DHS) to rescind the Deferred Action for Childhood Arrivals (DACA) program. Declaring...more

Infrastructure Series: Tribes and Infrastructure

by WilmerHale on

This is the ninth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States. Attorneys...more

Antitrust Enforcement Under the Trump Administration

by Shearman & Sterling LLP on

Divining trends in antitrust enforcement in a given presidential administration can take some time. Many commentators didn’t notice material changes in antitrust enforcement in the Obama administration – at least in merger...more

Jason E. Kearns Sworn In as ITC Commissioner

by Jones Day on

On April 2, 2018, Jason E. Kearns was sworn in as the newest Commissioner at the International Trade Commission (“ITC”). Commissioner Kearns was originally nominated by President Obama in January 2017, but, when President...more

Currents - Energy Industry Insights - March 2018 #5

California's Ready to Retaliate if Trump Cuts Auto Rules, Sources Say - "As the Trump administration begins to dismantle Barack Obama's ambitious auto efficiency regulations, California is said to be poised to retaliate...more

The DOL Fiduciary Rule is Currently on Life Support

by Benesch on

In 2016, during the waning days of the Obama Administration, the U.S. Department of Labor (DOL) issued a regulation expanding the fiduciary definition to cover more individuals and entities that provide financial services to...more

US amends and reissues North Korea Sanctions Regulations

by Dentons on

On March 5, 2018, the US Treasury Department’s Office of Foreign Assets Control (OFAC) amended and reissued the North Korean Sanctions Regulations, 31 CFR Part 510 (NKSR), in order to align the North Korea sanctions program...more

Supreme Court Declines to Review California’s Halt of DACA Rescission

The Supreme Court of the United States has rejected the Trump administration’s request that it review a California federal court’s order temporarily halting the federal government’s action to end the Deferred Action for...more

Not Out of the Woods Yet: NLRB Vacates Employer-Friendly Joint Employer Standard

by Miles & Stockbridge P.C. on

During the brief period in late 2017 when there was a 3-2 Republican majority on the National Labor Relations Board, the Board issued a few decisions undoing some of the most union- or employee-friendly decisions of the...more

United States: Trump Revokes Obama's "Fair Pay and Safe Workplaces"

by Dentons on

President Donald J. Trump has loosened the federal government's grip on businesses looking to secure federal contracts. On March 27, 2017, the president signed Executive Order 13782 revoking executive orders by President...more

#MeToo Legal Impact Remains Unclear

by Steptoe & Johnson PLLC on

The rise of the #MeToo movement is raising the question of whether sensitivity to sexual harassment of university employees will result in new policies and procedures similar to increased protections students received over...more

New York Court Blocks DACA Demise

On February 13, 2018, a U.S. district court in New York issued a nationwide preliminary injunction halting the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals (DACA) program. President Donald...more

EPA's Fiscal Year 2017 Statistics Reflect Accelerating Decline in Federal Environmental Enforcement

by BakerHostetler on

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) released its environmental enforcement statistics for fiscal year 2017 (FY 2017). Because EPA’s fiscal year ends in September, the newly released statistics...more

Currents - Energy Industry Insights - February 2018 #2

Oil World Turns Upside Down as U.S. Sells Oil in Middle East - "Yet, in a trade that illustrates how the rise of the American shale industry is upending energy markets across the globe, the U.A.E. bought oil directly from...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 3 - February 21st, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. Thompson Coburn Partner Aaron...more

DOL Reinstates Bush-Era Wage and Hour Opinion Letters

Last year, the U.S. Department of Labor’s Wage and Hour Division announced its intent to again issue opinion letters in response to wage payment questions posed to the agency by employers and employees. Last month, DOL...more

CFPB Class Action Waiver Rule Invalidated Amidst Ongoing Diminution of CFPB Power

by Miles & Stockbridge P.C. on

In October 2017, the United States Senate voted to invalidate a rule promulgated by the Consumer Financial Protection Bureau (“CFPB”), which would have prohibited financial institutions from using arbitration agreements in...more

Trump EPA Will Not Stay Landfill Methane Rules

In early January 2018, the U.S. Environmental Protection Agency (“EPA”) decided to halt previous proposals to stay methane rules for new and existing landfills. The Obama Administration’s EPA issued the final New Source...more

NLRB Overturns Obama-Era Limitation on Employers' Ability to Implement Changes in Union Workplaces

by Payne & Fears on

The National Labor Relations Board has overturned E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), a 2016 decision that limited changes employers could implement in union workplaces. The Board’s reversal means that...more

II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories

by Cozen O'Connor on

Is the Superbowl creeping into your workplace this week? Does Washington’s new tax reform impact how you settle sexual harassment cases? Can you actually go to jail for signing a restrictive covenant? Is there a new kind of...more

SCOTUS Rules Clean Water Rule Challenges Belong in District Court

by Dorsey & Whitney LLP on

The Supreme Court held unanimously Monday that challenges to the Obama Administration’s 2015 “Clean Water Rule,” which defined “waters of the United States” (“WOTUS”) subject to regulation under the Clean Water Act (“Act”),...more

2018 Outlook on the Clean Power Plan

Heading into 2018, undoing the Clean Power Plan, the Obama Administration’s signature regulation for addressing climate change, remains a high priority under the Trump Administration. While 2017 was rife with statements, some...more

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