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Inflation Reduction Act
No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold
Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous decision from the US Supreme Court...
We Need a Legislative Path to Power Plant Emissions Cuts
Electricity is increasingly central to Americans — powering not only our homes and businesses, but also our cars, our digital devices and countless other essential aspects of modern life. The grid that delivers electricity to virtually every household is one...
Greenwashing: Emerging Compliance and Cross-Border Legal Risks
Greenwashing, or the use of green ‘claims’ to improve a business’ or product’s environmental credentials with consumers, has come under significant scrutiny in recent years. Both the Advertising Standards Authority and the Competition and Markets Authority ( CMA ) have...
Getting Your Carbon Credits Voluntarily
Bracewell’s Gordon Stewart, Oliver Irwin and Mark Kahn take a deep dive into carbon credits as tradable certificates in this Project Finance International article, and how it is possible for an entity to purchase these certificates voluntarily in order to offset its own emissions.
Order No. 1920: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation – Landmark Order Substantively Expands Planning Obligations for Transmission Providers
On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule implementing transmission planning and cost allocation reforms intended to promote the more efficient and cost-effective integration of new renewable generation and battery energy...
Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities – FERC Finalizes Backstop Transmission Siting Reforms
On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of the Federal Power Act (“FPA”), commonly referred...
OFAC Expands Recordkeeping Requirements, Mandates Electronic Filings
Last week, the Office of Foreign Assets Control (OFAC) announced an interim final rule which amends the recordkeeping and reporting requirements relating to the various economic sanctions programs it enforces. Notably, the amendments confirm that the requirement to report and...
The Role of NGOs and the Private Sector in Environmental Justice With Matthew Tejada and Steven Cook
Environmental justice essentially means that all people — regardless of race, color, national origin or income — have the right to the same environmental protections and benefits, as well as meaningful involvement in the laws, regulations and policies that impact...
Market Integrity and Standardization: Shaping the Rules of the Voluntary Carbon Market
Bracewell’s Nicholas Neuberger and Adam Waszkiewicz take a look at how the rapidly evolving voluntary carbon market is attracting further scrutiny and questions surrounding governance and quality control.
EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance
The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we previously discussed , and 25 years since its last...
Compliance With a Few of EPA’s New RMP Program Changes Is Required Starting in May 2024
On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant changes to the...
US Producers File Antidumping and Countervailing Duty Petition Against Solar Cells and Panels From Southeast Asia
The American Alliance for Solar Manufacturing Trade Committee (Alliance) filed a petition with the US International Trade Commission (ITC) and the US Department of Commerce (Commerce) for the imposition of antidumping and countervailing duties (AD/CVD) on US imports of crystalline...
FINRA Facts and Trends: April 2024
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s first salvo against...
Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind
The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued...
Department of Labor’s Final Salary Rule Dramatically Increases Scope of Overtime Eligibility
The US Department of Labor (DOL) released its highly awaited final overtime rule. The final rule dramatically increases the salary threshold for “white collar” workers to be exempt from overtime under the Fair Labor Standards Act (FLSA). The rule substantially...