On December 19, 2023, the Fifth Circuit Court of Appeals vacated the SEC’s share repurchase disclosure rule, which required issuers to: (i) report daily aggregate share repurchase data on a quarterly basis, (ii) indicate if certain directors or officers traded
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Department of Energy Releases Final Guidance on Designation of National Interest Electric Transmission Corridors
By Kevin Chen
On December 19, 2023, the U.S. Department of Energy (DOE) released long-awaited final guidance on its process to designate National Interest Electric Transmission Corridors (commonly referred to as “NIETCs,” pronounced NIT-sees). Once designated, these corridors will bolster federal permitting authority…
IRS Releases Guidance on SAF Tax Credit and Signals Forthcoming Revisions to GREET Model for Determining Lifecycle GHG Emissions Reductions
By Aaron Lang
On December 15, 2023, IRS published Notice 2024-06, a brief but important guidance on Section 40B, the Inflation Reduction Act (“IRA”) tax credit for sustainable aviation fuel (“SAF”). The guidance establishes a safe harbor for SAF that generates RINs…
More Litigation Concerning Plastic Pollution: Can Claims Be Both Novel and Traditional at the Same Time?
By Seth Jaffe
Last month, I advised plastics manufacturers to prepare for more litigation. Although I am generally loath to speculate, it already looks as though this prediction is coming true. Earlier this month, PennEnvironment and Three Rivers Waterkeeper filed suit against BVPV…
Another Study Regarding the Health Impacts of PM Emissions From Power Plants: What Impact Will It Have On Regulation and Litigation?
By Seth Jaffe
An article in Science published last week indicates that the mortality risk from exposure to PM2.5 from coal-fired electric generating units is roughly twice as high as the risk posed by PM2.5 from other sources. According to the article, there…
FBI and CISA Issue Advisory on Scattered Spider Ransomware Attacks
By Colin Zick
Key Takeaways:
- The Federal Bureau of Investigation (FBI) and Cybersecurity & Infrastructure Security Agency (CISA) have jointly issued a cybersecurity advisory in response to recent activity by the threat actor group known as Scattered Spider.
- Scattered Spider is known to
…
CISA Publishes Mitigation Guide to Combat Cyber Threats in the Healthcare and Public Health Sectors
By Colin Zick
If you need a little intellectual stimulation after hours of Thanksgiving turkey and football, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) has just the thing — the new CISA Mitigation Guide for the Healthcare and Public Health Sectors. …
Your Password Can’t Possibly Be This Bad, Can It?
By Colin Zick
NordPass (the purveyor of a password manager) has assembled a list of the top 20 passwords in healthcare, based on usage by the world’s largest companies. According to NordPass’s analysis, the “top” 20 passwords are:
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Is Litigation the Solution to Plastic Pollution?
By Seth Jaffe
Earlier this week, New York State Attorney General Letitia James filed suit against PepsiCo. At the core of the case are allegations that PepsiCo.’s widespread use of single-use plastics has created or contributed to a public nuisance in the Buffalo…
What Will Be the Real Consequences of an EPA Decision to List PFAS as Hazardous Substances Under CERCLA?
By Seth Jaffe
Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis. The article reported on the gnashing of teeth among the regulated community at the prospect of seeing…