In response to the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (“HHS”) Secretary Xavier Becerra directed HHS agencies to act within their power to protect the rights of
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New PFAS/PFOS Regulations May Reopen Sites
Environmental practitioners are well aware of the astonishing breadth and scope of the impacts resulting from the investigations into the ubiquitous presence of the so-called “forever chemicals”, including the significant efforts being expended at both the
EPA’s Clean Power Plan Struck Down by SCOTUS
In 2015, EPA published a rule under the Clean Air Act (“CAA”) targeting coal-fired electricity generators designed to force their shift from coal generation to gas, solar and wind production. The “Clean Power Plan” (“CPP”) rule
As Colorado River Conditions Continue to Deteriorate, the United States Warns that More Cuts will be Required and the Basin States Consider Options
The Colorado River is a critical water source for more than 40 million people, vast agricultural operations, numerous industries, and a wide variety of ecological resources across the seven states that share its waters: Arizona, California,
Rethinking Reproductive Healthcare Benefits After Roe: Three Initial Benefits Questions for Employers to Consider
The U.S. Supreme Court released their final opinion in Dobbs v. Jackson Women’s Health Organization on June 24, 2022. Justice Alito’s opinion closely tracked the draft opinion that was leaked on May 2, 2022. The opinion holds: “The Constitution does
Ninth Circuit Upholds Trademark Protections for Manufacturer of E-Cigarettes Containing Delta-8 THC
By Andrew S. Green and David G. Barker
The Ninth Circuit affirmed a preliminary injunction in favor of AK Futures LLC (“AK Futures”), a manufacturer of e-cigarette and vaping products, against Boyd Street Distro, LLC (“Boyd Street”), a Los Angeles-based
A Running Start: IRS Pilots New Pre-Examination Program
The Employee Plans Office of the Internal Revenue Service (the “IRS”) announced a new pre-examination program for retirement plans to begin as of June 2022. The pilot program is designed to reduce the amount of time and resources the IRS
SCOTUS Issues Employers Relief in PAGA Actions
Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a
New Bureau of Land Management Guidance on Geologic Carbon Sequestration on Federal Public Lands Answers Some Questions, But Uncertainty Remains for Split-Estate Lands
On June 8, 2022, the U.S. Department of the Interior’s Bureau of Land Management (BLM) issued formal guidance[1] describing BLM’s policy for authorizing use of federal public lands for site characterization, injection, and geologic sequestration
Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools
As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on