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EPA DIRECT RULE CHANGES COMPLIANCE DATES FOR REPORTING DATA RELATED TO MANUFACTURE AND IMPORT OF PFAS UNDER SECTION 8(a)(7) OF THE TOXIC SUBSTANCES CONTROL ACT

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On September 5, 2024, the EPA issued a direct final rule related to a rule previously published in the Federal Register in October 2023, which requires the reporting of data related to the manufacture or import of Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”). The new direct final rule will delay the reporting period for records and…
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SEC FINES NINE RIA’s FOR MARKETING RULE VIOLATIONS

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The Securities and Exchange Commission (“SEC”) has fined nine registered investment advisors (“RIA”) which purportedly violated the SEC’s Marketing Rule. In a statement, the SEC announced it has settled charges against RIAs that allegedly distributed advertisements containing untrue or unsubstantiated claims, as well as testimonials, endorsements, or third-party ratings without the required disclosures. According to…
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SUPREME COURT ISSUES STAY OF EPA’S GOOD NEIGHBOR PLAN

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On June 27, 2024 the Supreme Court of the United States (“SCOTUS”) granted emergency applications by several states seeking a stay of the Environmental Protection Agency’s (“EPA”) Good Neighbor Plan pending judicial review. The Good Neighbor Plan stems from the EPA’s interpretation of ozone pollution requirements in the Clean Air Act requiring “upwind” states to…
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OSHA PROPOSES WORKPLACE HEAT SAFETY RULE

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The Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a proposed rule in July 2024 to regulate heat-related hazards in the workplace. According to OSHA, heat is the leading cause of death in the U.S., and the proposed rule seeks to protect employees who work in warm climates from hazards associated with high…
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UNITED STATES DISTRICT COURT GRANTS SUMMARY JUDGMENT TO ENGINEER ON THIRD-PARTY COMPLAINT FOR INDEMNITY

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Indemnity provisions are common features of contracts between project owners and engineering firms tasked with design elements of the project.  However, a project owner sued by a general contractor cannot simply ride the contractor’s coattails to prove the project owner’s indemnity claims, as the United States District Court for the District of Massachusetts held in…
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SEC FINES FIRMS FOR RECORDKEEPING FAILURES RELATED TO OFF-CHANNEL COMMUNICATIONS

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The Securities and Exchange Commission (SEC) has announced charges against broker-dealers, investment advisers, and dually-registered broker-dealers and investment advisers for failures to maintain and preserve electronic communications. The firms charged have admitted their conduct violated the recordkeeping requirements of federal securities laws, agreed to pay approximately $400 million in combined fines, and begun implementing new…
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SCOTUS SCUTTLES CHEVRON DEFERENCE AND LIMITS SEC ENFORCEMENT ACTIONS

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The United States Supreme Court recently released two decisions which will impact the application of the Administrative Procedure Act and curb the Securities and Exchange Commission’s (SEC) enforcement of civil penalties. These decisions are likely to have far-reaching implications across the country, from securities rules to environmental regulations and healthcare costs. Loper In Loper Bright…
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SUPREME COURT TO RULE ON ADA RIGHTS FOR FORMER EMPLOYEES

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On June 24, 2024, the United States Supreme Court agreed to hear the case of a retired Florida firefighter who argued that the Americans with Disabilities Act (“ADA”) allows a former employee to sue over discrimination with respect to post-employment benefits that the former employee earned during their employment.  In the case of Stanley v….
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