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Latham & Watkins LLP

EPA Proposes Repeal of Power Plant GHG Emissions Standards

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If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more

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

Fifth Circuit Court of Appeals Negates Ruling on Federal Contractor Minimum Wage

On March 28, 2025, the Fifth Circuit Court of Appeals vacated its previous ruling that permitted a $15 per hour minimum wage for federal contractors, shortly after President Donald Trump revoked the Biden administration rule...more

Goodwin

Crossing Administrations: The Focus on Federal Cybersecurity Continues

Goodwin on

Federal contractors, including defense contractors, should prepare for the emergence of new requirements in the coming months that are designed to strengthen software supply chain security, impose more stringent cybersecurity...more

Dorsey & Whitney LLP

Do You Know What to Pay Your Work Force? New Decision Invalidates the Federal Contractor Minimum Wage Rule

Dorsey & Whitney LLP on

Employers with Federal contracts have experienced unique challenges in the past few years—from navigating the Federal contractor vaccine mandate to new rules related to sick leave and time off. One of the most significant...more

Conn Maciel Carey LLP

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

Conn Maciel Carey LLP on

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

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

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

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

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

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

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

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

Holland & Knight LLP on

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

Bricker Graydon LLP

Federal court vacates and remands Trump administration federal wetlands rule

Bricker Graydon LLP on

On August 30, 2021, the United States District Court for the District of Arizona issued an order vacating the Navigable Waters Protection Rule and remanding the rule back to U.S. EPA and the U.S. Army Corps of Engineers. The...more

Mintz

Another Judge Who Couldn't Care Less What EPA Thinks -- Will the Chaos Created In Arizona Spread?

Mintz on

News this morning that an Arizona Federal District Court Judge has done what many of us expected would happen eventually -- purport to strike down the Trump Administration's regulation establishing the reach of the Federal...more

Bradley Arant Boult Cummings LLP

UnDACAmented: Protections for Dreamers in Peril

A federal district court in Texas recently struck down the Deferred Action for Childhood Arrivals program – known commonly as DACA – holding that the program was improperly implemented by the former Obama administration and,...more

Sheppard Mullin Richter & Hampton LLP

Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible

On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not...more

Bricker Graydon LLP

Public hearings on Title IX raise questions for coming guidance and regulatory changes

Bricker Graydon LLP on

Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more

Bricker Graydon LLP

U.S. EPA and Army Corps to repeal and replace Navigable Waters Protection Rule

Bricker Graydon LLP on

On June 9, 2021, the Biden administration announced its intent to repeal and replace the Trump administration’s 2020 Navigable Waters Protection Rule, which defines which waterbodies constitute “waters of the United States”...more

Dorsey & Whitney LLP

U.S. Reimposes Economic Sanctions On Military Regime in Burma

Dorsey & Whitney LLP on

Effective June 1, 2021, the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”) published new Burmese Sanctions Regulations (“BSR”) that implement President Biden’s February 10, 2021, Executive Order...more

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