Compliance Stuff

  Many speculated on just how much   Loper Bright Enterprises v. Raimondo   ( Loper Bright ) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect may be milder than expected . Huntsman Petrochemical, the American Chemistry Council, and the Louisiana Chemical Association (Petitioners) t ested how a post- Chevron   world could look under judicial review of agency decisions. In a unanimous decision on August 13, 2024, the court upheld EPA’s tighter emission standards of Miscellaneous Organic Chemical Manufacturing facilities under the Administrative Procedures Act (APA). Miscellaneous Organic Chemical Manufacturing Facilities manufacture a variety of products such as antifreeze, plastics, adhesives, and other common products found in everyday life. Under section 7412 of the Clean Air Act, EPA is required to tighten emissions standards if it determines that certain emissions pose an unacceptable risk to public health. After findin...

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan for compliance, here is a quick review of some critical developments we tracked in July and a c hecklist of the essential items you should consider addressing in August and beyond. _____ Get Ready for the   First-Ever National Heat Safety Rule.  OSHA proposed regulations on July 2 that could soon require you to implement robust measures to safeguard your employees from extreme heat both indoors and outdoors.   The proposal still needs to wind its way through a months-long administrative process and could even be derailed by new standards set by the Supreme Court that take aim at agency overreach, so you’ll want to follow the process closely.  Here are the 10 steps you should consider taking to prepare for the new rule . _____ Prepare for the Impac...

Defending against claims under the Telephone Consumer Protection Act (TCPA) requires a strategic approach focused on compliance, documentation, and robust legal defenses . In this article, we focus on a recent decision from the Southern District of New York in the case of Cacho v. McCarthy & Kelly, No. 23-cv-11157, 2024 WL 3293628 (S.D.N.Y. July 3, 2024), which provides valuable insights into TCPA compliance and defense strategies post-Chevron. I. The Impact of Loper Bright on TCPA Cases On June 28, 2024, the Supreme Court struck down Chevron, U.S.A., Inc. v Natural Resources Defense Council, Inc., 467 US 837 (1984) in Loper Bright Enterprises v. Raimondo, No. 22-451, 2024 WL 3208360 (US June 28, 2024). As applied to the TCPA, under Chevron, courts routinely deferred to the Federal Communications Commission’s (FCC) regulations and interpretations. With Chevron dismantled, defendants now have the opportunity, in appropriate cases, to ask courts to independently interpret statuto...