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EPA Declines to Revise Air Quality Standards for Particulate Matter and Ozone

By Mack McGuffey, Mandi Moroz & Melissa Horne

January 15, 2021

The U.S. Environmental Protection Agency (EPA) has announced its decision to retain the current National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5) and ozone (O3) under the Clean Air Act. However, the new Biden EPA is all but certain to reevaluate the standards and likely to reach different conclusions. PM2.5 is a mixture of small liquid or solid particles found in the air that are less than 2.5 micrometers (μm) in aerodynamic…

Consumer Financial Services Law Monitor

OCC Finalizes Rule Requiring Large Banks to Provide Fair Access to Services, Capital, and Credit

By Rick Eckman, Cody Mathis, Shannon Patterson, Gregory Parisi, Matthew White & James Stevens

January 14, 2021

In a final act of his tenure, Brian Brooks, the acting Comptroller of the Currency (OCC) on January 14 finalized a rule to ensure “fair access to banking services provided by large national banks, federal savings associations, and federal branches and agencies of foreign bank organizations.” Brooks announced that he would be stepping down from his role on the same day the rule was finalized. OCC Chief Operating Officer Blake Paulson will assume the role…

Pipelaws

Gas Pipeline Regulatory Reform Rule Finalized

By Catherine D. Little, Annie M. Cook & Viktoriia De Las Casas

January 14, 2021

On January 11, the Pipeline and Hazardous Materials Safety Administration (PHMSA) finalized its June 2020 proposed rulemaking intended to reduce regulatory burdens and offer greater flexibility to gas pipeline operators, previously discussed in our post here. Pipeline operators may voluntarily comply with the rule starting on the effective date of March 12, 2021, but mandatory compliance is not required until October 1, 2021. Although the rule implements moderate changes to the pipeline safety regulations,…

Consumer Financial Services Law Monitor

U.S. District Court Invalidates Two Provisions of the CFPB’s Prepaid Rule: The Disclosure Clauses and the Thirty-Day Credit Linking Restriction

By Vincent Shin, Elizabeth Andrews & Ethan G. Ostroff

January 14, 2021

On December 30, 2020, Judge Richard J. Leon on the United States District Court for the District of Columbia entered an Order in PayPal, Inc. v. Consumer Financial Protection Bureau, et al., No. 19-3700-RJL, 2020 WL 7773392 (D.D.C. Dec. 30, 2020) invalidating two provisions of the Consumer Financial Protection Bureau (“the CFPB” or “Bureau”)’s “Prepaid Rule” (“the Rule”): (i) the mandatory short-form fee disclosure requirement, and (ii) the requirement for a thirty-day waiting period before…

Hiring To Firing Law Blog

Goodbye 2020! A Look Ahead to Non-COVID Labor and Employment Updates for 2021

By Jonathan Gilman

January 14, 2021

Q: Are there any new laws or regulations that I should know about as we enter 2021? A: The year 2020 undoubtedly presented many challenges to employers in keeping up with seemingly ever-changing laws and regulations, in large part due to the COVID-19 pandemic that swept our nation. As employers leave the previous year behind and begin focusing on what will follow in 2021, it is important to be mindful of various significant labor and…

Washington Energy Report

FERC Accepts SPP Energy Imbalance Market Proposal

By Katherine O'Konski & Elizabeth McCormick

January 13, 2021

On December 23, 2020, FERC accepted Southwest Power Pool, Inc.’s (“SPP”) proposal to implement the Western Energy Imbalance Service Market (“WEIS Market”), a voluntary market providing for security-constrained economic dispatch to balance supply and demand every five minutes. SPP’s proposal consisted of a Tariff to implement the WEIS Market, a joint dispatch agreement executed by eight participating entities, and the Western Markets Executive Committee Charter to establish the WEIS Market’s governance structure and procedures. The…

Washington Energy Report

Mark C. Christie Sworn in as FERC Commissioner

By Alex Taylor & Russell Kooistra

January 13, 2021

On January 4, 2021, Mark C. Christie was sworn in as FERC’s newest Commissioner. The Senate previously confirmed the nomination of Commissioner Christie, along with the nomination of now-current-Commissioner Allison Clements, in a late night voice vote on November 30, 2020 (see December 8, 2020 edition of the WER). With the swearing in of Commissioner Christie, FERC now has a full five-member Commission with three Republicans (Chairman Danly and Commissioners Chatterjee and Christie) and…

Consumer Financial Services Law Monitor

Northern District of California Refuses to Examine Declaratory FCC Ruling for Validity in TCPA Class Case

By A. Eli Kaplan & Ethan G. Ostroff

January 13, 2021

In True Health Chiropractic Inc., et al. v. McKesson Corp., et al., the Northern District of California held that it was divested of jurisdiction by the Hobbs Act, 28 U.S.C. § 2342, and thus could not reconsider the validity of a declaratory ruling rendered by the Consumer and Government Affairs Bureau of the Federal Communications Commission (“FCC”), reaching a contrary result to the Fourth Circuit’s holding on a similar question in Carlton & Harris Chiropractic …

Consumer Financial Services Law Monitor

Storytelling & Professional Plaintiffs: The District Court for the Northern District of Texas Denies Class Certification in TCPA Case

By Jonathan Turner & David M. Gettings

January 13, 2021

In Hirsch v. USHealth Advisors, LLC, Judge Pittman, of the United States District Court for the Northern District of Texas, denied Aaron Hirsch’s (“Plaintiff”) Motion for Class Certification, which was based on allegations that USHealth Advisors, LLC (“USHA”) and USHealth Group, Inc. (“USGA”) (collectively “Defendants”) violated the Telephone Consumer Protection Act and Maryland equivalent of the Telephone Consumer Protection Act. In doing so, the Court put a dent in claims where professional plaintiffs seek to…

Washington Energy Report

FERC Alters Mystic’s Cost-of-Service Agreement; Commissioner Glick Dissents Again

By Sidney Villanueva & Miles Kiger

January 12, 2021

On December 21, 2020, FERC modified its previous cost-of-service compensation decisions allowing Constellation Mystic Power, LLC (“Mystic”) to continue operating two gas-fired generation facilities (“Mystic 8 and 9”) fueled exclusively by an affiliate, Everett Marine Terminal (“Everett”), which, like Mystic, is owned by Exelon Generation Company, LLC (“Exelon”). Commissioner Richard Glick dissented, reiterating his belief that FERC has exceeded its jurisdiction to “bail out” the liquified natural gas (“LNG”) import terminal.…

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EPA Declines to Revise Air Quality Standards for Particulate Matter and Ozone

OCC Finalizes Rule Requiring Large Banks to Provide Fair Access to Services, Capital, and Credit

Gas Pipeline Regulatory Reform Rule Finalized

U.S. District Court Invalidates Two Provisions of the CFPB’s Prepaid Rule: The Disclosure Clauses and the Thirty-Day Credit Linking Restriction

Goodbye 2020! A Look Ahead to Non-COVID Labor and Employment Updates for 2021

FERC Accepts SPP Energy Imbalance Market Proposal

Mark C. Christie Sworn in as FERC Commissioner

Northern District of California Refuses to Examine Declaratory FCC Ruling for Validity in TCPA Class Case

Storytelling & Professional Plaintiffs: The District Court for the Northern District of Texas Denies Class Certification in TCPA Case

FERC Alters Mystic’s Cost-of-Service Agreement; Commissioner Glick Dissents Again

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