On May 31, the Louisiana Legislature passed HB 492 expressly providing that a pipeline company has authority to expropriate property rights for pipelines transporting carbon dioxide for Carbon Capture & Storage (CCS) projects.
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Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments
On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that…
Supreme Court Resolves Circuit Split: Federal Arbitration Act Mandates a Stay of Court Proceedings, Not Dismissal
In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action. In Smith…
Supreme Court Resolves Circuit Split: Federal Arbitration Act Mandates a Stay of Court Proceedings, Not Dismissal
In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action.…
Greater Protections for Pregnant Workers Borne Out of the EEOC’s Final PWFA Rule
The EEOC recently issued its final regulations interpreting the Pregnant Workers Fairness Act (the “PWFA”), a law that became effective on June 27, 2023. The final rule, which becomes effective June 18, 2024, provides clarity regarding: (1) who and what…
Treasury Finalizes Regulations for Requesting an Extension of Time to Make Certain GST Elections
On May 3, 2024, the Treasury Department finalized regulations for the extension of time to make certain elections pertaining to the Generation Skipping Tax (GST) including elections for exemption allocations under section 2642(g).…
Liskow Secures Success at the Louisiana First Circuit Court of Appeal in Legacy Case Involving Excess Remediation Claims Under Act 312
The availability of excess remediation damages, which are damages for additional remediation beyond state regulatory standards that can be pocketed by landowners instead of deposited with the court, has been a hotly contested issue in Louisiana legacy cases involving oilfield…
EPA Issues Civil-Criminal Enforcement Coordination Policy, Changing Approach to How It Handles Collaboration Between the Two Offices
On April 17, 2024, the Environmental Protection Agency (“EPA”) issued a Civil-Criminal Enforcement Coordination Policy (“Policy”) that requires EPA’s civil and criminal enforcement offices to collaborate throughout the planning and enforcement process.…
FinCEN BOI Reporting for Disregarded Entities Appears to Conflict with Existing IRS Regulations for Employer Identification Numbers
Since Treasury Regulation Section 301.6109-1(h)(2)(i) took effect in 1997, the Internal Revenue Service (IRS) has permitted disregard entities, including single member limited liability companies to use the Employee Identification Number (EIN) of its owner (unless the disregarded entity has employees).…
EPA Sets Limits on Certain PFAS in Drinking Water and Designates Some as Hazardous Substances Under CERCLA, Posing Vast Challenges for Waste and Other Industries
EPA issues two rules for regulating #PFAS under the #SDWA and #CERCLA. The rules (1) set enforceable limits in drinking water for six PFAS, and (2) designate two PFAS as #hazardous substances.…