Publications

At issue in Sackett v. Environmental Protection Agency is whether a wetland lacking continuous surface connection to navigable waters qualifies as “waters of the United States.” On October 3, 2022, the U.S. Supreme Court heard oral arguments in its first case of the term, Sackett v. Environmental Protection Agency. A […]

Kingery Constr. Co. v. 6135 O St. Car Wash, LLC, 312 Neb. 502 (2022). Construction contracts routinely contain arbitration provisions.  Under the Federal Arbitration Act (the “Act”), those provisions can displace the parties’ rights to sue.  9 U.S.C. § 2.  Section 3 of the Act requires courts to stay any […]

On September 12, 2022, the Cybersecurity and Infrastructure Security Agency (CISA) announced that they have begun the process of soliciting input to draft the regulations required under the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA).  CIRCIA was passed and signed into law by President Biden earlier this […]

On September 15, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued a report offering insights into the burgeoning Buy Now, Pay Later (“BNPL”) industry (the “Report”).The Report follows, and is largely based on, 2021 market monitoring orders the CFPB issues to 5 BNPL providers to provide the CFPB with data […]

The proposed rule would impose significant liability for any site contaminated by PFAS. If adopted, this rule would have major consequences for manufacturers, brownfield-property owners, solid-waste managers, wastewater utilities, and landfills. The U.S. Environmental Protection Agency (“EPA”) recently initiated the process to designate two per- and poly-fluoroalkyl substances (“PFAS”) as […]