For more than a decade, the U.S. Securities and Exchange Commission (the “SEC”) has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. On June 27, 2024, the U.S....more
7/1/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Seventh Amendment
With its “all of the above” approach to reducing greenhouse gases, the Biden administration will undoubtedly increase the tempo of EPA enforcement in the upstream and midstream sectors.
This Energy Series discussion is...more
6/4/2021
/ Biden Administration ,
Continuing Legal Education ,
Energy Sector ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Midstream Contracts ,
Oil & Gas ,
Upstream Contracts ,
Webinars
PFAS (per- and poly-fluoroalkyl substances) have garnered significant national attention in the last few years. PFAS have made recent headlines in multi-million dollar settlements, Biden campaign promises, proposed EPA rules,...more
In the mid-2000s, businesses unleashed “a virtual tsunami of environmental marketing,” responding to increased consumer demand for products and services perceived to be environmentally friendly, or “green.”1 This consumer...more
3/24/2021
/ Biodegradable ,
Carbon Emissions ,
Civil Monetary Penalty ,
Deceptive Intent ,
Enforcement Actions ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Fossil Fuel ,
Green Guides ,
Green Marketing ,
Joe Biden ,
Renewable Energy ,
Volatile Organic Compounds (VOC)
The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...more
3/18/2021
/ Biden Administration ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Renewable Energy ,
SCOTUS ,
Trump Administration ,
US Fish and Wildlife Service ,
Wind Power
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
On December 1, 2020, Singaporean shipping company Pacific Carriers Limited (“PCL”) entered a $12 million plea agreement to resolve criminal charges that it knowingly failed to record illegal discharges of oil waste and...more