Alerts

The California Air Resources Board (CARB) announced this month that it will use enforcement discretion for the first greenhouse gas (GHG) emission reports due in 2026 to allow regulated businesses (doing business in California with annual revenue of over $1 billion) to report on GHG metrics using older data. CARB is also seeking public comment (due February 14, 2025) on the implementation of the GHG reporting requirements and those related to the disclosure of climate-related financial risks.

On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Monarch Butterfly and Designation of Critical Habitat, 89 Fed. Reg. 100662, et seq. The proposed rule, if it becomes final, could have significant impacts on agriculture in the United States.

Two years after the enactment of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), the US Food and Drug Administration (FDA) has published the long-awaited proposed rule on talc-containing cosmetics.

California’s Proposition 65 requires businesses to provide warnings to California consumers about significant exposures to chemicals it has determined to cause cancer, birth defects, or other reproductive harm when exposure to the chemicals exceeds an established safe harbor level in a consumer product.

Beginning on January 1, 2025, New York employers in the private sector will be required to provide up to 20 hours of paid leave during any 52-week period for employees to attend prenatal appointments or obtain health care services related to their pregnancy.

Adding yet another chapter to the Corporate Transparency Act (CTA) saga, the US Court of Appeals for the Fifth Circuit on December 26 issued an order vacating its stay of the Texas federal district court’s preliminary nationwide injunction barring the US government’s enforcement of the CTA. As a result, the government is again prohibited from enforcing the CTA and its beneficial ownership information reporting rule.

On December 23, the US Court of Appeals for the Fifth Circuit stayed the nationwide preliminary injunction barring the US government’s enforcement of the Corporate Transparency Act (CTA) and its rule requiring the reporting of “beneficial ownership information” (BOI) that had been issued by the US District Court for the Eastern District of Texas on December 3 in Texas Top Cop Shop, Inc. v. Garland (Docket No. 4:24-CV-478).

In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election.

In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information from news articles used to train its large language models. While still early, the court’s favorable decision for The Intercept Media, Inc. could serve as a model for other news organizations and rights holders seeking to discourage the unauthorized use of their works by artificial intelligence (AI) developers.

2025 is set to be another important year for US state privacy laws, with five new laws effective in January and three more coming into effect through October. New laws in Delaware, Iowa, Nebraska, and New Hampshire will go into effect on January 1, 2025, while New Jersey’s law will follow on January 15, 2025. Below, we detail these laws effective in January. Make sure to check back here in 2025 for more information on the laws effective in July and October.

In November, we wrote about Massachusetts legislative and regulatory updates that impact both nursing homes and assisted living residences.

Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation.

Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity AI in the District Court for the Southern District of New York.

Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions. However, enforcing arbitration agreements can become challenging and complex, especially when multiple related entities and non-signatories are involved.

Headlines that Matter for Companies and Executives in Regulated Industries

A quick glance on the Zero Emission Transportation Association (ZETA) homepage reveals an impressive list of well-known corporate icons of the electric vehicle (EV) world.

On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June 30, 2024 (FY2024). ICSID administered 341 cases in that period (which was just five short of 346 cases in FY2022), marking the second-highest caseload in its history — a testament to its pivotal role in global investment dispute resolution.

Despite growing public support, Texas continues its challenges to the legalization of recreational and medical marijuana. On December 5, Texas Lieutenant Governor Dan Patrick announced a bill that would ban all forms of consumable tetrahydrocannabinol (THC) products, including hemp-derived, nonintoxicating products.

As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Enforcement will begin against the backdrop of a pending lawsuit challenging the validity of the new protections and an incoming Trump Administration with an uncertain enforcement posture.

Earlier this month, the US Food and Drug Administration (FDA) issued new draft guidance regarding their accelerated approval pathway for new drugs and biologics, an expedited program designed to help address unmet medical needs for serious or life-threatening conditions. As usual, the FDA is soliciting comments to the new guidance, due by February 4, 2025.

The term “resident” is defined differently for US federal income tax purposes and US federal estate and gift tax purposes. The mismatch in the US resident status under the two tax regimes often gives rise to problems. Thus, careful planning is needed to avoid unintended tax consequences.

Welcome to the December 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

The National Labor Relations Board (NLRB) has reinstituted a union-friendly standard for determining whether an employer’s unilateral changes to the terms and conditions of employment violate the National Labor Relations Act (NLRA). Going forward, an employer acting unilaterally must show that the union surrendered its right to bargain through a “clear and unmistakable waiver.” This significantly raises the bar employers must clear to act unilaterally, while providing unions with more avenues to challenge employer actions.

Headlines that Matter for Companies and Executives in Regulated Industries

After three years of various proposals, on December 6, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, finally announced new amendments to “short-form” warning requirements. These amendments have been long anticipated, as OEHHA’s several prior proposals to modify the short-form warnings were unsuccessful.