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On July 25, 2023, EPA announced proposed amendments to the Air Emissions Reporting Requirements (AERR) rule.  In a change, the proposal includes mandatory reporting of hazardous air pollutants (HAPs). Currently, New York requires some HAP reporting, but the proposal would expand this. See 6 NYCRR 202-2.3 (c)(9). The proposed rule was published in the Federal Register on August 9, 2023.[i]  The public comment period has been extended twice, and now until November 17, 2023.The AERR rule [...]

I. The Corporate Transparency ActWith a goal of preventing money laundering, funding of terrorist organizations, and other illicit activities that may threaten national security, Congress passed the Corporate Transparency Act (“Act”). Under the Act, Reporting Companies are required to report certain information about each Beneficial Owner and, for companies created on or after January 1, 2024, the Company Applicant, to the Financial Crime Enforcement Network of the Department of [...]

The Supreme Court recently issued a decision that closely examines the facts and circumstances that would permit an employer to reject an employee’s request for a religious accommodation in the workplace. With the unanimous support of the Justices, the Court emphasized that a religious accommodation in the workplace can only be rejected when there is an “undue hardship” on the employer. While the foregoing is a well-established concept, by siding with the plaintiff-employee in [...]

On June 29, the Supreme Court issued their much-awaited Opinion in the case challenging the admissions practices of Harvard University and the University of North Carolina. In a 6-3 decision, the Court found that the “race-based” admission policies of both institutions violate the Constitutional precept that all people are entitled to “equal protection” under the law, as well as the Civil Rights protection against race-based discrimination. The Court noted that both [...]

Posted By: Terresa Bakner, Charles Gottlieb and Jordyn ConwayIntroduction:On May 25, 2023, the Supreme Court of the United States (SCOTUS) released an opinion, in Sackett v. EPA, seeking to clarify the definition of “Water of the United States” (WOTUS) for the purposes of federal regulation. [1] The decision, written by Justice Alito, confronts years of uncertainty and confusion regarding the “significant nexus” test that has been relied on by the Biden, Trump, and [...]