Month

June 2018

28 June 2018

Lucia v. SEC: Implications for FERC ALJs

In Lucia v. Securities and Exchange Commission, the Supreme Court held 7-2 that Securities and Exchange Commission (“SEC”) administrative law judges (“ALJs”) are “officers of the United States” subject to the Constitution’s appointments clause, rather than employees.  The June 21, 2018 opinion for the Court was by Justice Kagan, and has implications for ALJs at the Federal Energy Regulatory Commission (“FERC”). (more…)

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26 June 2018

Sidley Environmental Trends

Topics discussed this week include:

  • D.C. Circuit upholds the EPA’s “regional consistency” regulations
  • Federal district court in Georgia enjoins implementation of WOTUS rule in 11 states
  • The EPA approves Oklahoma CCR disposal plan
  • CEQ issues ANPRM requesting comment on how to update NEPA’s implementing regulations
  • ATSDR issues draft toxicological profile asserting that PFAS compounds may endanger human health at low levels

(more…)

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25 June 2018

Energy Enforcement Update

This week’s enforcement update covers:

  • FERC issues Order to Show Cause to Footprint for alleged tariff violations and submission of false information;
  • The Supreme Court denies TOTAL petition for writ of certiorari;
  • FERC settles with Duke Energy regarding alleged violation of FERC market behavior rule on communications;
  • CFTC orders Société Générale S.A. to pay $475 million penalty to resolve charges of alleged LIBOR and Euribor manipulation; and
  • U.S. Department of Justice announces new policy on coordination of corporate penalties.

(more…)

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11 June 2018

Sidley Environmental Trends

Topics discussed this week include:

  • EPA proposes to reject Delaware and Maryland 126(b) petitions
  • EPA declares intention to propose listing fluorochemicals as hazardous substances and to evaluate setting maximum contaminant levels
  • EPA proposes to keep existing sulfur oxide primary-health NAAQS
  • EPA solicits comment on regulatory cost/benefit decision-making process
  • EPA sued over alleged delays in implementing federal pesticide rules

(more…)

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