Inflation Reduction Act
Market Integrity and Standardization: Shaping the Rules of the Voluntary Carbon Market
Bracewell’s Nicholas Neuberger and Adam Waszkiewicz take a look at how the rapidly evolving voluntary carbon market is attracting further scrutiny and questions surrounding governance and quality control.
Compliance with a Few of EPA’s New RMP Program Changes Is Required Starting in May 2024
On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant changes to the...
US Producers File Antidumping and Countervailing Duty Petition Against Solar Cells and Panels From Southeast Asia
The American Alliance for Solar Manufacturing Trade Committee (Alliance) filed a petition with the US International Trade Commission (ITC) and the US Department of Commerce (Commerce) for the imposition of antidumping and countervailing duties (AD/CVD) on US imports of crystalline...
Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind
The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued...
US Supreme Court Holds That Pure Omissions Are Not Actionable Under Federal Anti-Fraud Rule
In a unanimous decision, the US Supreme Court held that pure omissions are not actionable under Rule 10b-5(b) under the Securities Exchange Act of 1934. [1] Rather, the Court found that Rule 10b–5(b) prohibits half-truths, not pure omissions, because the...
BOEM Finalizes Long-Awaited Overhaul of Offshore Oil and Gas Financial Assurance Regulations
The Bureau of Ocean Energy Management (BOEM) announced its finalization of a rule substantially revising the financial assurance requirements applicable to offshore oil and gas operations. The final rule revises criteria for determining whether oil, gas, and sulfur lessees, right-of-use...
The SEC’s Final Rules on Climate-Related Disclosures: A Guide for In-House Counsel
The US Securities and Exchange Commission’s recently adopted rules governing climate-related disclosures, although significantly pared back from the rules proposed two years ago, represent a major change to the existing public-company disclosure regime. The rules require that public companies include...
Protecting Energy Investments in Europe: UK Announces Withdrawal From the Energy Charter Treaty
On 22 February, the UK announced its intention to withdraw from the Energy Charter Treaty. According to Energy Security and Net Zero Minister Graham Stuart, the decision will support the UK’s transition to net zero and strengthen its energy security...
Cybersecurity Disclosure Considerations for Municipal Issuers
While the SEC’s cybersecurity rule does not apply to municipal issuers, Bracewell’s Ed Fierro and Sarah Tahir look at a few points discussed in the Adopting Release that may be useful for municipal market participants.
A Line in (and Under) the Sand
Bracewell’s Will Moss and JJ McAnelly address identifying and minimizing subsurface trespass legal risk associated with subsurface carbon dioxide migration in this Texas Bar Journal article.
Lifting the Fog on the Foreign Corrupt Practices Act: Enforcement and Compliance Trends to Watch in San Francisco
As lawyers, corporate executives and federal law enforcement officials prepare to gather this week in San Francisco for the ABA’s 39th National Institute on White Collar Crime, we offer our takeaways from January’s Houston forum on the Foreign Corrupt Practice...
The ENRC Saga – Not Just a UK Concern
On 21 December 2023, Mr Justice Waksman handed down his judgment in the second trial of the Eurasian Natural Resources Corporation (ENRC) saga. The judgment, along with its earlier companions, is extraordinary in many ways and has been much written...
U.S. Army Corps Permitting: Proposed Revocation of Historic Properties Regulation
The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act (NHPA) for purposes of USACE’s Regulatory Program...
Overhaul of the UAE’s Competition Law: Key Changes and Next Steps
On 29 December, 2023, Federal Decree-Law No. 36 of 2023 on the Regulation of Competition (the New Law) was issued, replacing Federal Decree-Law No. 4 of 2012 (the Old Law) and introducing a new merger control regime, including a number...
FTC Announces 2024 Increase in HSR Notification Thresholds and Filing Fees
The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds and HSR filing fees, which will become effective on March 6, 2024. The revised thresholds will apply to any merger or...