News & Analysis as of

Obama Administration

Conn Maciel Carey LLP

Industry Groups and Congressional Leaders Attack OSHA’s New “Worker Walkaround” Inspection Rule

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To advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround Representative Designation Process...more

Holland & Knight LLP

Chemical Transporters Face Ongoing Challenges from EPA's Focus on "Transit-Related" Activity

Holland & Knight LLP on

Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court strikes down DACA regulation, DACA still on life support

A federal judge has struck down final regulations regarding the Deferred Action for Childhood Arrivals program, and the program itself may not survive. The DACA program was established unilaterally in 2012 by an Obama...more

Benesch

NLRB Finalizes Rollback of Trump-Era Union Election Changes

Benesch on

As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more

Foley Hoag LLP - Environmental Law

The Social Cost of Greenhouse Gases Is Increasing — But Is Uncertainty Over the Measurement of Climate Impacts Artificially...

On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #3

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections

In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § 1903.8(c) that later became known as...more

Latham & Watkins LLP

5 Things to Know About EPA’s Proposed Power Plant CO2 Emissions Rule

Latham & Watkins LLP on

EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more

Holland & Knight LLP

States' Challenge to Use of "Social Cost of Greenhouse Gases" in Federal Policymaking Dismissed

Holland & Knight LLP on

The U.S. Court of Appeals for the Fifth Circuit on April 5, 2023, dismissed the state of Louisiana's challenge to federal agencies use of the "social cost of greenhouse gases" in federal decision making.1 Several...more

BakerHostetler

Biden Administration Poised to Provide Union Organizers with Another Tool for Their Toolbox: The OSHA Inspection

BakerHostetler on

In January 2023, the Occupational Safety and Health Administration (OSHA) revived a rule that would permit worker-designated representatives to accompany OSHA during the inspection process, regardless of whether the...more

Benesch

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

Benesch on

On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more

Perkins Coie

NLRB Returns to Obama-Era Microunit Standard

Perkins Coie on

On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

Akin Gump Strauss Hauer & Feld LLP

Summary of the Department of the Interior’s New Methane Rule

Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more

Constangy, Brooks, Smith & Prophete, LLP

DACA’s in trouble, and only Congress may be able to save it

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court ruling that the Deferred Action for Childhood Arrivals program is invalid. According to the appeals court, the DACA program was...more

UB Greensfelder LLP

Fifth Circuit Affirms Ruling to Vacate Obama Administration’s DACA Program

UB Greensfelder LLP on

On October 5, 2022, in a disappointing but not unexpected ruling, the Fifth Circuit affirmed the ruling by a Texas judge that vacated the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program and barred...more

Benesch

Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

Benesch on

​​​​​​​The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more

Holland & Knight LLP

FRA Again Proposes Crew Size Regulation, Complicating Rail Union Negotiations

Holland & Knight LLP on

The Federal Railroad Administration (FRA), the federal agency that regulates rail safety, introduced a Notice of Proposed Rulemaking (NPRM) on July 28, 2022, that addresses the number of employees required to operate a train,...more

Parker Poe Adams & Bernstein LLP

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more

Schwabe, Williamson & Wyatt PC

The Clean Power Plan Update

On Friday, June 30, the U.S. Supreme Court issued its opinion in  West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean...more

WilmerHale

Despite Carbon Cost Win, Biden Climate Plans Still At Risk

WilmerHale on

On May 26, the U.S. Supreme Court ruled to allow the Biden administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to an executive order from President Joe Biden. ...more

Holland & Knight LLP

Biden Administration Eases Some Trump-Era Cuba Restrictions

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The U.S. Department of State announced on May 16, 2022, a series of measures aimed at supporting the Cuban people and independent Cuban entrepreneurs and loosening Trump-era restrictions that largely isolated the island and...more

Benesch

Trump-Era Independent Contractor Test Better for Employees, Study Finds

Benesch on

The independent contractor test developed by the Republican-majority National Labor Relations Board under President Trump actually resulted in a higher rate of workers being classified as employees protected by federal labor...more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Williams Mullen

WOTUS, WOTUS, WOTUS...

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Williams Mullen

Environmental Notes - October 2021

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

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