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Latham & Watkins LLP

EPA Proposes Repeal of Power Plant GHG Emissions Standards

Latham & Watkins LLP on

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

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

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

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

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

Perkins Coie

Reboot of International Entrepreneur Program for Startups

Perkins Coie on

The Biden administration announced on May 11, 2021, that it is restoring a never-fully-utilized Obama-era program allowing foreign entrepreneurs to stay in the United States temporarily in order to oversee and grow certain...more

Eversheds Sutherland (US) LLP

RINs on renewable electricity - is now the time for EPA action?

For more than a decade, the Federal Renewable Fuel Standard (RFS) has provided powerful incentives that have driven the introduction of new transportation fuels into the US marketplace due to valuable credits known as...more

Vinson & Elkins LLP

What’s Next For Methane Regulation For Oil And Gas?: Signals From The Biden Administration And Congress

Vinson & Elkins LLP on

As discussed in this previous post, the state of methane regulation for the oil and gas industry has been in flux over the past few years as federal regulations issued by the Obama administration were challenged in court and...more

WilmerHale

The Biden Administration’s Approach to the Social Cost of Carbon

WilmerHale on

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

Roetzel & Andress

Department Of Labor Seeks To Rescind The Trump Administration’s Joint-Employer Rule

Roetzel & Andress on

The Department of Labor (DOL) has issued a proposed rule to rescind a Trump administration joint-employer rule. The joint-employer rule attempted to treat companies, like McDonald’s and FedEx, as joint employers of franchise...more

Faegre Drinker Biddle & Reath LLP

SEC Enforcement Restores Subpoena Power

The U.S. Securities and Exchange Commission (SEC) has restored the authority of senior Division of Enforcement (Enforcement) officials to initiate investigations, which had been revoked during the Trump administration. On...more

Vinson & Elkins LLP

The EPA’s Clean Power Plan Is Only Mostly Dead

Vinson & Elkins LLP on

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

WilmerHale

President Biden’s Memorandum on Housing Discrimination

WilmerHale on

On Tuesday, January 26, President Biden signed a memorandum on discriminatory housing practices and policies. The memorandum is one of a series of recent executive actions focused on racial equity, representing the...more

Holland & Knight LLP

Reclaiming a Federal Lead on Social Cost of Carbon

Holland & Knight LLP on

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

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