On November 9, 2023, the FDA published notice of final guidance that delays FDA’s enforcement of some facilities’ registration and product listing compliance requirements under MOCRA to July 1, 2024. This enforcement delay applies to facilities that “engaged in manufacturing or processing of a cosmetic product” or products as of MOCRA’s enactment date (December 29,
EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky
On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program to Discharges Through Groundwater. This draft
The Rise of Telehealth Fraud – A Look at Recent Federal Enforcement
In the wake of the COVID-19 pandemic, the rise of telehealth, and its subset, telemedicine, has been significant. Medical practitioners need to pay attention to the shifting telehealth landscape on topics such as licensing, exceptions to in-person care, acceptable electronic communication technology, labeling of visits, prescription drug monitoring program queries, and record-keeping to maintain proper
EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky
On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program to Discharges Through Groundwater. This draft
FCA Finds Further Improvement Needed on Design, Delivery, and Disclosure of ESG Funds
The FCA has set out good and poor practices for asset managers to consider in relation to funds with ESG or sustainable characteristics.
By Nicola Higgs, Anne Mainwaring, and Charlotte Collins
On 16 November 2023, the FCA published the findings from its review of how asset managers have been embedding current regulatory expectations
Another Study Regarding the Health Impacts of PM Emissions From Power Plants: What Impact Will It Have On Regulation and Litigation?
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 were roughly 460,000 excess deaths in the United States from 1999-2020 resulting from exposure to
California Attorney General Issues Stark Warning to Businesses Regarding Enforcement of PFAS in Food Packaging and Cookware Laws
On October 17, 2023, the California Attorney General (AG) Rob Bonta released an enforcement advisory letter to manufacturers, distributors, and sellers of food packaging and cookware detailing how he intends to enforce AB 1200, a law which: 1) bans the sale of regulated per- and polyfluoroalkyl substances (PFAS) in food packaging in California, and
Shale Law Weekly Review—Week of November 27, 2023
Oil and Gas Leasing: Alaska Court Rules in Favor of Willow Project, Permitting ConocoPhillip to Explore and Develop on the National Petroleum Reserve in Alaska 
On November 9, 2023, the United States District Court for the District of Alaska upheld ConocoPhillips’s authorization to explore and develop oil on its leases in the National Petroleum Reserve
EU to Ban Greenwashing and Much More
This action by the EU may put a thumb on the scale of the process updating the FTC Green Guides
OPA 90 or CERCLA? The U.S. Fifth Circuit Settles Which Applies to Mixed Oil Spills
The Oil Pollution Act of 1990 (known as “OPA 90”) and the Comprehensive Environmental Response, Compensation, and Liability Act (known as “CERCLA”) are two federal environmental laws with significant effects on businesses and individuals across the nation. OPA 90 provides a remedial scheme that apportions the liability and costs of oil spills among responsible parties.