A recent federal jury verdict in Missouri has gotten the attention of real estate industry professionals around the country. The jury in Sitzer v. National Association of Realtors et. al (Case No. 4:19-cv-00332-SRB) ordered...more
Quick Take: The SEC recently proposed rule changes that would amend and redesignate Rule 206(4)-2 under the Advisers Act (the “Current Custody Rule”) and amend certain recordkeeping and reporting requirements. The proposals...more
Finding the university was on notice and had an obligation to preserve interview notes related to a climate and culture review because it knew or reasonably should have known to anticipate litigation, the U.S. District Court...more
On February 11, three environmental groups — Sierra Club, Alliance for Affordable Energy, and PennEnvironment, Inc. — filed a petition for review in the D.C. Circuit Court of Appeals (D.C. Circuit) challenging the U.S....more
Following years of litigation and a segmented rulemaking process, the U.S. Environmental Protection Agency (EPA) finalized revisions to portions of its coal combustion residuals (CCR) regulations governing, among other...more
The United States District Court for the District of Columbia (“Court”) issued a January 29th Memorandum Opinion addressing three motions to intervene as defendants in a pending challenge to the United States Environmental...more
On October 30, 2018, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies) jointly invited comment on a...more
In three recent decisions, the U.S. Courts of Appeal for the Fourth Circuit and Sixth Circuit have signaled the courts’ refusal to allow environmental plaintiffs to use the federal Clean Water Act to address coal ash...more
Today, EPA published a proposal to amend the regulations in 40 CFR Part 257, Subpart D, governing the disposal of coal combustion residuals (“CCR” or coal ash) in landfills and surface impoundments. The proposed rule is the...more
In May of last year, Environmental Notes reported on the many petitions that had been filed challenging EPA’s 2015 promulgation of a final waste management rule addressing the management and disposal of coal combustion...more