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Magic Eight Ball and Gone FishingDuring this pandemic, my crystal ball and I are social distancing; while I am working at home it is tucked away in my Capitol Hill office. Luckily, I was able to dig out my old magic-8 ball from the back of my closet, but each time I turn it over the message reads “Gone Fishing.”

What action was taken to define the scope of federal jurisdiction?

On January 23, 2020, the Trump Administration released the final version of the Navigable Waters Protection Rule (NWPR), which defines which waters and wetlands are protected under the Clean Water Act. The NWPR replaces the Obama Administration’s “Waters of the United States” (WOTUS) rule.

Under the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), most pesticides must be registered and are subject to product labeling requirements.  FIFRA defines a “pesticide” as “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.” 7 U.S.C. § 136(u).  A “pest” is defined in the statute to mean: “(1)

For employers, both those expecting to reopen and those who remained open during the COVID-19 pandemic, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has several guidance documents regarding COVID-19 and workplace safety.  Irrespective of this guidance, employers must comply with OSHA’s safety and health standards and regulations or where applicable, an OSHA-approved

The Federal Energy Regulatory Commission (FERC) issued two orders denying rehearing and offering some clarity on the PJM Interconnection, LLC (PJM) Minimum Offer Price Rule (MOPR), a construct that potentially prevents new capacity-market sellers from depressing prices by offering at reduced prices to clear a capacity auction. The April Orders relate to FERC’s June 2018

Intellectual property comprises some of the most valuable assets a business may hold – its brands, patents, know-how, and other intangible rights that make the business unique.  The intellectual property assets (IP) throughout the energy sector—upstream, midstream, downstream and service providers along the way—will be affected as more energy companies seek bankruptcy relief in the

Virus

In a little over a couple of months, the COVID-19 outbreak has dramatically altered the landscape of business. Companies are struggling to cope with massive uncertainty and an array of unforeseen challenges, including everything from supply chain and revenue disruptions caused by reduced consumer demand, to staffing shortages, travel restrictions, business closures, and other such