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Recent Episodes

March 30, 2023

Come Sail Away! The New Definition of WOTUS Expands Regulation Under the Clean Water Act

On January 18, 2023, the EPA and U.S. Army Corps of Engineers published a final rule redefining the term “waters of the United States” (WOTUS) modifying the purview of bodies of water subject to regulation under the Clean Water Act (CWA) and reversing the regulatory changes made during the Trump Administration. Already being challenged in court, the rule became effective March 20, 2023, and a pending ruling from the U.S. Supreme Court in Sackett v. EPA later this year will ultimately inform the outcome of those challenges. Energy, Environment & Natural Resources Practice Group member Scott Butcher joins the Briefly Legal podcast to discuss the vast history of WOTUS by navigating through the murky waters of extensive agency rulemaking and litigation and associated legal challenges in the 50 years since the CWA was passed.

About Scott Butcher


March 3, 2023

The Initiative Petition Process: Oklahoma’s Long Tradition of Direct Democracy Sets its Sights on Recreational Marijuana

On Tuesday, March 7, 2023, Oklahoma voters will return to the polls to decide whether or not adult recreational use of marijuana should be allowed in the state. Regardless of the outcome, securing a place on the ballot for State Question 820 is an achievement all on its own. Melanie Wilson Rughani, co-chair of the firm’s Appellate and Initiative Petitions Practice Groups, delivers a deep dive into her role during the four-year journey that led to State Question 820’s appearance on the ballot, as well as the rigorous initiative petition process of proposing, crafting, and enacting statutes, legislative measures, and constitutional amendments. From gathering signatures to procuring a special election, Melanie discusses the procedural elements one must conquer in order to achieve the benefits of direct democracy.

About Melanie Wilson Rughani


February 16, 2023

Future Enforceability of Non-Compete Agreements Across the Nation in Limbo

In January, the Federal Trade Commission issued a proposed rule that would prohibit all employers nationwide from imposing non-compete clauses on workers, and making the rule retroactive, meaning all pre-existing non-compete agreements would become invalid and unenforceable as well. Arguing that non-compete agreements significantly reduce workers’ wages, this is one of the most aggressive steps taken by the federal government to insert itself into an area previously completely controlled by state law. Labor & Employment Practice Group member Allen L. Hutson provides an overview of the rules on non-compete agreements nationwide and in Oklahoma, breaks down the FTC’s proposed rule and the industries it applies to, and discusses the myriad of challenges it may face during and after the public comment period, including the application of the U.S. Supreme Court’s “Major Questions” doctrine.

About Allen L. Hutson

Addition Resources: Are Non-Compete AGreements on the Chopping Block? 




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