Among the provisions of President Trump’s March 28, 2017, Executive Order “Promoting Energy Independence and Economic Growth” (the “Executive Order”) is the repeal of President Obama’s November 3, 2015, Presidential Memorandum entitled “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (the “Obama Memorandum”). The Executive Order also directed all agencies
Trump Begins Rolling Back Regulatory Burdens on Fossil Fuel Energy Production
Flanked by two dozen coal miners, Vice President Mike Pence, EPA Administrator Scott Pruitt, Energy Secretary Rick Perry, and Interior Secretary Ryan Zinke, and joined by various coal state congressmen and industry executives, President Trump visited EPA headquarters yesterday to sign a long-anticipated Executive Order to end the previous administration’s so-called “war on coal.”
I’m Taking the Dog: Potential Solutions to Pet-Custody Disputes
The New York Times recently published an article addressing an issue that is close to the heart of pet owners across the country, namely, pet-custody rights in the event of a divorce or separation. The article notes that courts across the nation have treated family pets in varying fashions: some courts treating pets as personal
SEC Changes the Regulatory Landscape of Intrastate and Regional Securities Offerings – Rule 147 Amendments Become Effective April 20, 2017
On October 26, 2016, the SEC adopted final rules that (1) modernize Rule 147, (2) create a new Rule 147A, (3) amend Rule 504, and (4) repeal Rule 505 (collectively, the “Amendments”). The adopting release can be found here. Several of the significant changes brought about by the Amendments are broadly summarized below.
Modernization of Rule
Delaware Court of Chancery Provides Additional Guidance on the Application of the Business Judgment Rule in the Context of a Controller Buyout
In In re Books-A-Million, Inc. Stockholders Litigation, the Delaware Court of Chancery dismissed a suit by minority stockholders (the “Plaintiffs”) alleging that several fiduciaries breached their duties in connection with a squeeze-out merger (the “Merger”) through which the controlling stockholders of Books-A-Million, Inc. (the “Company”) took the Company private.[1] The decision, authored by Vice Chancellor J. Travis Laster, provides additional guidance
UK Government Issues Guidance on Minimum Energy Efficiency Standards for Leased Property
Beginning 1 April 2018, under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (commonly referred to as the MEES Regulations), non-domestic landlords must ensure that any properties they rent out in England and Wales have an energy efficient rating of at least an E (using the A-G rating system from Energy Performance Certificates
Are Changes on the Horizon to the Deference Historically Afforded to US Administrative Agencies?
As we have previously discussed on this blog, a cornerstone of US administrative law, Chevron deference, is in flux. That fluctuation and its eventual resolution will impact US businesses, including in the promulgation of critical environmental regulations. Chevron deference describes a doctrine articulated by a unanimous US Supreme Court in its 1984 decision, Chevron USA
Effective Immediately, EPA Withdraws Information Collection Request for Methane Emissions from Existing Oil & Gas Sources
On March 2, 2017, the EPA withdrew its information collection request (ICR) regarding methane emissions from existing oil and gas facilities. EPA finalized and issued the underlying ICR on November 10, 2016. Since that time, EPA sent letters to thousands of owners and operators in the oil and gas industry, requiring them to complete surveys
OIRA Issues Guidance on “Two-for-One” Rule
On February 2, 2017, the Office of Information and Regulatory Affairs (OIRA) issued Guidance in order to clarify last week’s Executive Order (EO) regarding the issuance of administrative rules. The EO requires agencies to identify at least two existing regulations to be repealed for every one newly promulgated regulation. The EO also requires the total
What does Brexit mean for the Circular Economy?
One area of EU law which is developing rapidly relates to improving the circular economy. There are a number of legislative proposals in the pipeline, but with the prospect of the UK leaving the EU in the next few years, what are the implications for these circular economy initiatives, and could there be opportunities for