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November 21, 2023
Pathways to Decarbonization: Carbon Capture, Utilization, and Storage Under the IRA
On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law. The IRA provides tax incentives and grants for solar, wind, hydrogen, nuclear, oil and gas, and carbon capture, utilization and storage projects (CCUS). Specifically the IRA amends section 45Q of the tax code to provide credits for the capture and storage of carbon dioxide (CO2) in underground geologic formations. In the second environmental and energy law spin off episode of Briefly Legal, join attorneys Tim Sowecke and Alyssa Sloan as they discuss the growth of CCUS projects and the monetization of CO2 under the IRA, with a specific focus on the management of CO2 as a waste product in industrial and oil and gas operations under the Safe Drinking Water Act’s (SDWA) Underground Injection Control (UIC) program. They’ll highlight important jurisdictional distinctions between UIC Class VI wells used to collect CO2 emissions from large point sources like power generation or industrial facilities, and Class II wells used to dispose of CO2 as a waste product in oil and gas operations. They’ll also touch on environmental justice considerations in the siting of CCUS projects. Whether you’re an oil and gas operator trying to manage CO2 emissions, an entrepreneur looking at opportunities in the nascent carbon market, or just someone wanting to know more about carbon capture and storage, this episode will shed light on some of the latest efforts to capture and commoditize CO2 in the United States.
November 13, 2023
EPA Adds PFAS as a Regulatory Priority
The U.S. Environmental Protection Agency (EPA) has added addressing exposure to per- and polyfluoroalkyl substances (PFAS) as a new regulatory priority in its National Enforcement and Compliance Initiatives for 2024-2027. With this announcement, the number of PFAS-related regulations and enforcement issues is expected to rise over the next several years. Briefly Legal is launching its first spin-off podcast focusing on environmental and energy law issues. In the inaugural episode, energy and environmental attorneys Tim Sowecke and Alyssa Sloan summarize EPA’s enforcement and compliance priorities for 2024-2027 and do a deep-dive on upcoming PFAS regulations, including drinking water standards and increased reporting requirements for manufacturers and processors of PFAS.
Addition Resources: EPA Regulations – PFAS as Far as the Eye Can See
August 4, 2023
New NLRB Standard Tilts Balance Toward Employee Rights
In a decision applicable to both unionized and non-union employers, on August 2, 2023, the National Labor Relations Board (NLRB) overturned a prior 2017 decision that afforded employers flexibility in the policies and procedures they use to govern the workplace and changed its standard for assessing whether certain categories of work rules are lawful to maintain. The NLRB’s new standard outlined in its Stericycle, Inc. decision requires employers to articulate a legitimate business interest in the particular policy and ensure the policy is narrowly tailored. Labor & Employment Practice Group member Jaycee Booth discusses the history of the NLRB’s standard for assessing neutral work rules and explains the new balancing test the NLRB will use to assess whether an employer’s policies will violate the National Labor Relations Act.
About Jaycee Booth
June 13, 2023
NLRB Memo Attacks Enforceability of Non-Compete Agreements
On May 30, 2023, the National Labor Relations Board (NLRB) issued a memorandum advising NLRB regional directors that most non-compete agreements infringe on an employee’s Section 7 rights under the National Labor Relations Act (NLRA). The memo follows on the heels of the Federal Trade Commission’s (FTC) January 5, 2023, proposed rule prohibiting employers from imposing non-compete clauses on employees—a rule that the FTC has now delayed implementation of until April 2024. Labor & Employment Practice Group member Allen L. Hutson joins the podcast to discuss why the NLRB has begun to aggressively pursue the use of non-compete agreements, who will be affected by the new rules, and the impact they could have on other confidentiality and non-solicitation agreements.
About Allen L. Hutson
Addition Resources: The Federal Government Takes Another Shot at Non-Compete Agreements
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