Sidley Austin LLP updates

Ninth Circuit limits reach of anti-duplication provision
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • December 18 2017

The Ninth Circuit recently issued an opinion that reflected a limited interpretation of the scope of the Resource Conservation and Recovery Act's anti-duplication provision, which provides that the act must be construed to apply to or authorise state regulation of "any activity or substance" regulated under several other federal statutes, including the Clean Water Act.

EPA issues directive on advisory committees
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • December 11 2017

The Environmental Protection Agency (EPA) recently issued a directive intended to strengthen and improve membership on the agency's advisory committees. The directive calls for the EPA to apply the following principles in setting membership on its advisory committees: strengthen member independence; increase state, tribal and local government participation; enhance geographic diversity; and promote fresh perspectives.

Officials allegedly violating youth plaintiffs' constitutional rights by failing to fight climate change
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • December 11 2017

A pair of new lawsuits claim that various government officials and agencies are violating youth plaintiffs' constitutional rights due to a failure to combat climate change sufficiently. The first case is against the state of Alaska, its governor and various other state officials and agencies. The second case alleges that specific Trump administration actions violated the plaintiffs' due process and public trust doctrine rights.

CFPB principles for data aggregation services could have broad implications
Sidley Austin LLP
  • Banking
  • USA
  • December 08 2017

The Consumer Financial Protection Bureau recently released a set of consumer protection principles designed to protect consumer interests in the market for services built around consumer-approved use of financial information. The principles are targeted at so-called 'data aggregation' or 'screen scraping' services that collect customer information in order to provide financial planning or other services.

California passes sweeping prescription drug price transparency law and co-pay coupon ban
Sidley Austin LLP
  • Healthcare & Life Sciences
  • USA
  • December 06 2017

California recently passed two bills with significant implications for pharmaceutical manufacturers: one imposing prescription drug price transparency requirements and another prohibiting certain types of co-pay coupon and other prescription drug discounting programmes that lower patient cost-sharing amounts for prescription drugs.

EPA issues final attainment area designations for ozone NAAQS
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • December 04 2017

The Environmental Protection Agency (EPA) has issued a final rule addressing which areas of the United States are in attainment of the 2015 ozone National Ambient Air Quality Standard (NAAQS). The agency found that 2,646 of the over 3,100 counties in the United States are in attainment of the ozone NAAQS. The EPA will continue to review the designation of the remaining counties.

EPA issues NODAs regarding 2016 NSPS for oil and gas industry
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • December 04 2017

The Environmental Protection Agency recently issued two notices of data availability in support of its proposed stays of various portions of the 2016 New Source Performance Standards for the oil and gas industry (known as the 'Quad Oa' rule). The notices include a proposed two-year stay of the Quad Oa requirements and a proposed three-month stay to run during the gap between the publication and effective dates of the two-year stay.

District court partly dismisses claims for future climate change injuries
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • October 09 2017

In a recent opinion the US District Court of the District of Massachusetts partly dismissed an environmental group's challenge to a Boston Harbour terminal's stormwater permit, which claimed that the permit fails to protect the group's members from future harm caused by climate change. The court held that alleged injuries which would not occur until 2050 or 2100, as alleged in the complaint, could not be considered imminent and therefore dismissed the claim based on future effects.

Fifth Circuit rules for pharmaceutical manufacturer based on relators' failure to establish causation
Sidley Austin LLP
  • Healthcare & Life Sciences
  • USA
  • October 04 2017

The Fifth Circuit recently affirmed summary judgment for a pharmaceuticals manufacturer on allegations that the company had violated the False Claims Act as a result of off-label marketing efforts and kickbacks to physicians. In its decision, the court emphasised the relators' failure to demonstrate a causal link between the alleged improper conduct and any false claims.

Volcker Rule: OCC requests public input on potential revisions
Sidley Austin LLP
  • Banking
  • USA
  • September 29 2017

The US Office of the Comptroller of the Currency (OCC) recently released a notice seeking public input regarding how to revise the Volcker Rule. The notice cites a report released by the US Treasury Department, which included recommendations for significant changes to the rule. Although the OCC did not propose specific changes to the rule in its notice, it stated that the information that it is soliciting could support the revisions to the final rule advanced in the Treasury report and elsewhere.

District court dismisses False Claims Act claims based on no evidence of falsity
Sidley Austin LLP
  • Healthcare & Life Sciences
  • USA
  • September 27 2017

The US District Court for the Northern District of Illinois recently dismissed the False Claims Act claims brought by the federal government and two state governments based on allegations that Par Pharmaceuticals had orchestrated an unlawful prescription-switching scheme. While the judge acknowledged that Par may have conspired to increase its own profits, it rejected the federal and state governments' claims due to their failure to allege the submission of any claims that actually were false.

Southeast market pipelines project certificate remanded to FERC for further environmental review
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • September 25 2017

The US Court of Appeals for the DC Circuit recently vacated and remanded a Natural Gas Act Section 7 certificate of public convenience and necessity granted by the Federal Energy Regulatory Commission (FERC). The ground to vacate and remand the certificate was FERC's failure under the National Environmental Policy Act to adequately discuss the downstream effects of carbon emissions from natural gas transported through the pipelines in the project's environmental impact statement.

EPA issues final framework rules for new chemical evaluation regulatory programme
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • July 24 2017

The Environmental Protection Agency recently took historic action under the Toxic Substances Control Act. The new rules will almost immediately affect chemical manufacturers and those who use products that contain chemicals. All companies that manufacture, use, process, import, export or sell products containing chemicals must understand the new regulatory regime and the new obligations and hurdles that it presents.

CFPB proposes amendments to final rule for pre-paid accounts
Sidley Austin LLP
  • Banking
  • USA
  • July 21 2017

The Consumer Financial Protection Bureau recently issued proposed amendments to its final rule to expand existing consumer protections for electronic fund transfers to pre-paid accounts. Among other things, the proposal would modify the final rule to exempt pre-paid account issuers from the error resolution and limitation of liability provisions with respect to unregistered cardholders and provide more flexibility to issuers of digital wallet accounts that are covered by the final rule.

Treasury releases report to reform US financial system
Sidley Austin LLP
  • Banking
  • USA
  • July 14 2017

The Treasury Department recently released its long-awaited report to reform the US financial system. The report includes dozens of recommendations to reform laws, treaties, regulations, guidance, reporting and recordkeeping requirements and other government policies that inhibit federal regulation of the financial system in a manner consistent with the set of core principles enunciated by President Trump in Executive Order 13772.

OCC issues third-party relationship FAQs
Sidley Austin LLP
  • Banking
  • USA
  • July 07 2017

The Office of the Comptroller of the Currency recently issued a set of frequently asked questions (FAQs) to supplement its 2013 bulletin on third-party relationship risk management. The FAQs affirm the bulletin's broad applicability, while re-emphasising the need for third-party relationship oversight to be risk based and tailored to individual institutions' needs and delving into several more detailed compliance questions.

Trump announces withdrawal from Paris Agreement
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • June 19 2017

President Trump recently followed through on one of his signature campaign promises and announced that the United States will withdraw from the Paris Agreement on climate change. This fits firmly within the new administration's agenda to promote domestic fossil fuel development. There has been speculation that some signatories may attempt to use trade, such as a tariff on the carbon content of US exports, to take a tougher stance with the United States, which could result in additional costs for US businesses.

Shale and hydraulic fracturing update
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • June 12 2017

Recent environmental law developments include the US Court of Appeals for the District of Columbia Circuit's granting of the Environmental Protection Agency's request to indefinitely hold litigation in abeyance concerning the June 2016 new source performance standards for the oil and natural gas sector while the agency re-evaluates the rule. In addition, New York state recently released its Methane Reduction Plan, a collaborative effort by five state agencies.

Bipartisan group of senators reintroduces CHRONIC Care Act
Sidley Austin LLP
  • Healthcare & Life Sciences
  • USA
  • June 07 2017

A bipartisan group of senators recently introduced Section 870 of the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which reflects proposals to extend home healthcare, expand benefits for chronically ill Medicare beneficiaries and direct the Government Accountability Office to issue reports, among other things.

Former MoneyGram CCO settles FinCEN complaint
Sidley Austin LLP
  • Banking
  • USA
  • May 26 2017

The former chief compliance officer of MoneyGram, Thomas E Haider, and the Financial Crimes Enforcement Network (FinCEN) have jointly filed a stipulation and order of settlement and dismissal in the US District Court of Minnesota. This follows FinCEN's earlier-filed complaint against Haider seeking to hold him personally liable for MoneyGram's violations of the Bank Secrecy Act and its implementing regulations.

Current search

Refine search

Work area