Earlier this week, the Supreme Court ruled that federal district courts, rather than appellate courts, are the proper venue to challenge the “Waters of the United States” (“WOTUS”) Rule (discussed in a previous blog post here), an Obama-era regulation that expansively defined waters subject to Clean Water Act jurisdiction. Following the Supreme Court decision,
EPA Adjusts Statutory Civil Penalties for Inflation
image credit: Pictures of MoneyOn January 8, the Environmental Protection Agency published its statutory civil penalties, adjusted for inflation. 83 FR 1190. The adjustment was required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015, which established a formula for adjusting civil penalties annually to reflect inflation, maintain the penalties’ deterrent
Deadline Approaching for TSCA Inventory Active-Inactive Rule Reporting
Last summer, EPA finalized the TSCA Inventory Notification (Active-Inactive) Requirements, 82 FR 4255 (Active/Inactive Rule), which we previously reported on here . As a reminder, the Active/Inactive Rule requires manufacturers and processers to submit notifications to EPA for chemicals that have been manufactured or processed between June 21, 2006 and June 21, 2016. The deadline
Louisiana Department of Revenue Issuing Arm’s Length Transfer Pricing Adjustments
The Louisiana Department of Revenue (the “Department”) has joined the ranks of cash-strapped states looking to raise additional corporate tax revenue through scrutinizing transfer pricing and proposing adjustments. In transfer pricing audits, the Department looks at transactions between related parties (having common ownership) and seek to determine whether the transactions are priced as they would
The Tax Cuts and Jobs Act (TCJA) and Its Impacts on Businesses and Individuals
Overview
On December 22, 2017, President Trump signed into law H.R.1, also known as the Tax Cuts and Jobs Act (the “TCJA”). The TCJA makes the most significant and sweeping changes to the federal taxation of business and individuals in more than a generation. Due to the unusual speed with which the TCJA went through
US EPA’s Renewable Fuel Standard Volumes for 2018 Unsatisfactory to Many
On November 30, 2017, US EPA issued the final volume requirements and associated percentage standards for its renewable fuel standards (RFS) program for calendar year 2018, as well as the biomass-based diesel volume requirement for 2019. The annual volumes establish quotas for how much renewable fuel must be added to gasoline and diesel in order
WOTUS and its 2-Step Repeal
Paul M. Seby, a shareholder in Greenberg Traurig’s Environmental Practice, authored the article, “WOTUS Is Caught in a Whirlpool of Litigation—Is It Coming Back Around?” published in The National Law Journal. This article examines the future of the 2015 “Waters of the United States” (WOTUS) Rule as the EPA and the Army Corps
As Deadline Approaches, FERC Chairman Hints at Interim Solution to Keep Coal and Nuclear Plants Afloat
As the deadline imposed by the U.S. Department of Energy (DOE) approaches for the Federal Energy Regulatory Commission (FERC) to determine whether to exercise its regulatory authority over the electricity market in a manner designed to throw a life line to coal and nuclear power generators, the FERC commissioners have not hesitated to publicly make
Food Labelling Issues and Recall Trends in Europe: Recent UK Recalls Resulting from Labelling Errors
Trade press reports have highlighted a spate of recent recalls relating to food and drink products in the UK resulting from labelling errors. Examples include foods recalled because of salt crystals not mentioned on the packaging (which represent a potential choking hazard), chocolate drinking straws with labels not in English (with allergen information therefore not
EPA Sued for Failing to Evaluate Renewable Fuel Standard Program
image credit: U.S. Department of AgricultureOn October 19, the Sierra Club filed suit against the Environmental Protection Agency, alleging that the agency is years overdue in complying with statutory deadlines for evaluating the environmental impacts of the federal renewable fuel standard program.
The Renewable Fuel Standard (“RFS”) program was adopted in 2005 and