Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer
DOJ Appeals Ruling on Pay Data Collection - Employment Law This Week® - Trending News
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney
K&L Gates Triage: Reading the Fine Print: A Closer Look at the Proposed Regulation over Arbitration Clauses in Long-Term Care Resident Agreements
Wireless Legislation on the Way?
Polsinelli Podcast - An International Trade Issue That May Impact Your Business
Polsinelli Podcast - Conducting Business With the Obama Administration
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
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
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
As part of his comprehensive climate change agenda, President Biden convened a task force to assess the social cost of greenhouse gases. At the end of February, the task force published an interim report estimating the “cost”...more
President Joe Biden signed three Executive Orders (EOs) on Jan. 27, 2021, to launch a "whole of government" approach to align federal policy with climate change, building upon three prior EOs that President Biden signed on...more
The Obama administration’s Clean Power Plan (“CPP”) — an unprecedented use of the Clean Air Act to regulate greenhouse gas (“GHG”) emissions from power plants — is only “mostly dead” and could soon spring back to life. Yes,...more
The social cost of carbon (SCC) has a checkered regulatory history spanning nearly 40 years, but it now has been thrust back onto the federal stage, front and center. Among President Joe Biden's first acts in office was a...more
On June 26, 2019, the Council on Environmental Quality (CEQ) published a Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions (84 Fed. Reg. 30097). This new guidance would replace the...more
On June 19, 2019, the Environmental Protection Agency (EPA) released a final rule repealing the Obama-era “Clean Power Plan” (CPP) and replacing it with the “Affordable Clean Energy” (ACE) Rule. While both rules regulate...more
The United States Environmental Protection Agency (“EPA”) yesterday issued a final version of the previously proposed Affordable Clean Air Act Affordable Clean Energy (“ACE”) Rule. The ACE rule had been proposed on August...more
In his Hardcore History podcasts, Dan Carlin presents himself, not as a historian, but as a journalist who likes history. Herein is my attempt to present yours truly, not as an environmental lawyer, but as a trial lawyer with...more
As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more
Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more
Trump Delivers a Mixed Message on His National Security Approach - "In another shift from his predecessor, Mr. Trump's strategy does not recognize the changing climate as a threat to national security. The document instead...more
On October 10, 2017, EPA Administrator Pruitt signed a Proposed Rule to repeal the Obama administration’s Clean Power Plan—officially titled the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric...more
The U.S. Department of Energy’s recently-proposed grid resiliency rule offers new hope for nearly-extinct coal plants and endangered nuclear power plants operating in competitive organized wholesale power markets and, if...more
An Obscure Statute Is Helping Trump Save U.S. Coal, Nuclear - "Rick Perry is using an authority granted to him as U.S. energy secretary to call on the independent Federal Energy Regulatory Commission to change its rules...more
As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more
A little over a week ago, the Trump administration finally documented President Trump’s previously stated intention to withdraw United States support from the Paris climate change agreement in an official notice delivered to...more
President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more
The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more
One of the more aggressive steps taken by the Obama administration to reduce carbon emissions was to have the EPA set an ambitious target for Corporate Average Fuel Economy (CAFE) standards: 54.5 miles per gallon by 2025. In...more
On August 1, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies on considering greenhouse gas (GHG) emissions and the effects of climate change in National Environmental...more
On August 1, 2016, the White House Council on Environmental Quality (CEQ) released its final guidance on how and when federal agencies should consider the direct and indirect impacts from climate change, including from...more