This morning, the Department of Energy decided how it will allocate up to $7 billion of Bipartisan Infrastructure Law (“BIL”) funding set aside for establishing regional Hydrogen Hubs. (For more information on the Hubs, see our post HERE).
The
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SEC Adopts Final Amendments to Schedule 13D and 13G Requirements
On October 10, 2023, the SEC adopted final amendments to Regulation 13D-G and Regulation S-T to modernize the beneficial ownership reporting regime under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and…
SEC Launches Enforcement Sweep for Violations of Section 13(d) and Section 16
By Emily Cain
On September 27, 2023, the SEC announced a series of enforcement actions against six officers, directors and major stockholders of public companies, as well as five companies, for repeated failures to report information regarding ownership of and transactions in the…
Massachusetts Cannabis Business Sues City Over ‘Community Impact Fees’
As readers of this blog are well aware, the uncertainty surrounding the legality and enforceability of Massachusetts’ “Community Impact Fees,” most recently addressed by An Act Relative to Equity in the Cannabis Industry (“the Act”), which took effect in November…
Chevron Is (Still) Not a Left-Wing Plot
By Seth Jaffe
Last week, a number of Democratic Senators filed an amicus brief in Loper Bright Enterprises v. Raimondo, arguing that the Supreme Court should not overrule Chevron. The first heading under the argument section of the brief is that:…
First Rescheduling, Now SAFE: Cannabis Reform Marches Forward
Key Takeaways:
- The positive momentum for federal cannabis reform continues: shortly after the momentous rescheduling announcement, the Senate Banking Committee unveiled a revised, bipartisan version of the SAFE Banking Act.
- The Committee will vote on the bill as early as September
…
Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
By Kevin Chen
On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the atmosphere. This announcement tilts the…
Establishing Standing in Citizen Suits Under the Clean Air Act: Breathing Polluted Air May Not Suffice
By Seth Jaffe
Earlier this month, Judge William Young dismissed for lack of standing claims brought by the Conservation Law Foundation alleging that bus companies violated anti-idling regulations. The opinion is important, because it does not make life easy for citizen plaintiffs and…
Does EPA Have Authority to Promulgate Cumulative Risk Assessment Guidance?
By Seth Jaffe
Last week, Inside EPA (subscription required) reported that the Texas Commission on Environmental Quality has basically informed EPA that EPA may not promulgate guidance on cumulative risk assessments because of questions about its legal authority to require CRAs.
If EPA…
HHS OCR/ONC Announce Latest Version of Security Risk Assessment Tool
By Colin Zick
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC) have released version 3.4 of their Security Risk Assessment (SRA) Tool.
The SRA Tool…