Publications

The Securities and Exchange Commission (“SEC”) adopted new regulations this year that took effect September 5, 2023, and require disclosure of a “material” cyber-attack in all annual reports beginning December 15, 2023, and in all 8-K’s starting December 18, 2023.[1] 8-K Rules: Disclosures, Materiality, and Timing The SEC now requires […]

On December 7, the Consumer Financial Protection Bureau (“CFPB”) announced that it was taking action against Atlantic Union Bank over practices the CFPB says misled consumers into enrolling in overdraft services without the proper disclosures. The end result of the action is a $1.2 million penalty owed by Atlantic Union […]

Under the U.S. District Court for the Southern District of Iowa’s decisions, counties may not regulate carbon pipelines’ setbacks, decommissioning or emergency-response requirements. Under the Supremacy Clause of the U.S. Constitution, federal statutes and regulations preempt any incompatible local law.[1]  Preemption can occur either expressly or by implication, such as […]

Following the Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund, the EPA plans to regulate some indirect pollutant discharges like direct discharges. On November 27, 2023, the U.S. Environmental Protection Agency (“EPA”) published a request for public comments on how EPA should implement the U.S. Supreme Court’s […]

EPA’s tracker provides federal guidelines and updates for carbon capture and storage (“CCS”) projects but no guarantee of a timely Class VI permit approval. The U.S. Environmental Protection Agency (“EPA”) recently published a new tracker (available at this link) that details the EPA’s progress in reviewing Class VI permit applications.  […]