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Articles by Kevin Ewing
License Plate Reader Cameras a Tool for Small Business
Building a small business from the ground up requires you to take a chance on pursuing your passion, investing your time and money into crafting something you love for your community to also enjoy. Because of that, many small business owners understand the need to ensure their livelihood is protected. The last thing anyone wants is their brick and mortar being the target of the next retail theft crime in the area.
License Plate Reader Cameras a Tool for Small Business
Building a small business from the ground up requires you to take a chance on pursuing your passion, investing your time and money into crafting something you love for your community to also enjoy. Because of that, many small business owners understand the need to ensure their livelihood is protected. The last thing anyone wants is their brick and mortar being the target of the next retail theft crime in the area.
Getting Started with P5js
Hello World So you want to make pictures with code? Perfect—p5.js is basically Processing’s JavaScript‑savvy little sibling, built for the browser and ridiculously easy to spin up. Drop one script tag, write a setup() and a draw(), and you’re already painting pixels. The library handles all the boring canvas plumbing, so you can jump straight to the fun bits -- random lines, kaleidoscopic color, even interactive sketches -- without wrestling a build system or a GPU API.
The reasonably foreseeable effects of Seven County Infrastructure Coalition
(January 07, 2025) - Energy counsel at Bracewell LLP share their thoughts on a pending high court dispute over the extent of federal environmental review necessary for a new Utah railway to transport crude oil destined for out-of-state refineries. On December 10, 2024, the U.S. Supreme Court heard oral argument in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, (U.S. Dec.
Unpacking The NEPA Ruling: Marin Audubon Society v. The FAA (Podcast)
On this episode of the Environmental Law Monitor, Daniel Pope, Taylor Stuart, Kevin Ewing and Ann Navaro discuss the shift in National Environmental Policy Act (NEPA) regulation and break down the recent decision in Marin Audubon Society v. the FAA. They discuss implications of the DC Circuit ruling for federal agencies and what it means for the future of environmental and natural resources law and policy. The content of this article is intended to provide a general guide to the subject matter.
Environmental Essentials Webinar Series - Greenwashing And Carbon Targets: A Prosecutor's Perspective (Video)
B Bracewell More infrastructure, finance and technology industries throughout the world. Our industry focus results in comprehensive state-of-the-art knowledge of the commercial, legal and governmental challenges faced by our clients and enables us to provide innovative solutions to facilitate transactions and resolve disputes.
Irish Regulator Fines LinkedIn 310 Million Euros for GDPR Violations
Skip to main content October 28, 2024 Volume XIV, Number 302 Legal Analysis. Expertly Written. Quickly Found. Trending News Irish Regulator Fines LinkedIn 310 Million Euros for GDPR Violations Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard On October 24, 2024, the Irish Data Protection Commission (the “DPC”) announced that it had issued a fine of €310 million (approx.
Environmental Essentials Webinar Series – Greenwashing and Carbon Targets: A Prosecutor’s Perspective
Skip to main content October 28, 2024 Volume XIV, Number 302 Legal Analysis. Expertly Written. Quickly Found.
Chevron Overturned: No Judicial Deference to Agencies in Interpreting Statutes | JD Supra
“How clear is clear?” asked Justice Antonin Scalia, famously. On Friday, the Supreme Court made absolutely clear that Chevron is dead. Judicial deference to agency interpretations of statutory ambiguities is no longer the law of the land. The case is Loper Bright Enterprises v. Raimondo. The Supreme Court’s slip opinion is available here.
Chevron Overturned: No Judicial Deference to Agencies in Interpreting Statutes
“How clear is clear?” asked Justice Antonin Scalia, famously. On Friday, the Supreme Court made absolutely clear that Chevron is dead. Judicial deference to agency interpretations of statutory ambiguities is no longer the law of the land. The case is Loper Bright Enterprises v. Raimondo. The Supreme Court’s slip opinion is available here.
SEC Climate Disclosure Rule (Video)
Kevin Ewing led a tight, focused discussion of what matters in the new SEC climate disclosure rule. He discussed the key points of concern, their practical implications for mandatory and voluntary reporting, the status of rule-blocking litigation, and next steps for in-house counsel to consider. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Video Discusses Key Points of Concern in SEC Climate Disclosure R
Skip to main content April 16, 2024 Volume XIV, Number 107 Legal Analysis. Expertly Written. Quickly Found. Trending News SEC Climate Disclosure Rule [Video] Print Mail Download i Kevin Ewing led a tight, focused discussion of what matters in the new SEC climate disclosure rule. He discussed the key points of concern, their practical implications for mandatory and voluntary reporting, the status of rule-blocking litigation, and next steps for in-house counsel to consider.
The Investment Tax Credit for Offshore Wind Projects: A Second Look at the Proposed Regulations under Section 48 | JD Supra
On November 22, 2023, the Internal Revenue Service and Treasury Department released proposed regulations (the Proposed Regulations) relating to the investment tax credit (the ITC) under Section 48 of the Internal Revenue Code of 1986, as amended (the Code). The Proposed Regulations would amend certain existing Treasury Regulations that define the scope of ITC-eligible property (referred to as “energy property”) and general qualification for the ITC.
The Investment Tax Credit for Offshore Wind Projects: A Second Look at the Proposed Regulations under Section 48
On November 22, 2023, the Internal Revenue Service and Treasury Department released proposed regulations (the Proposed Regulations) relating to the investment tax credit (the ITC) under Section 48 of the Internal Revenue Code of 1986, as amended (the Code). The Proposed Regulations would amend certain existing Treasury Regulations that define the scope of ITC-eligible property (referred to as “energy property”) and general qualification for the ITC.
The Investment Tax Credit for Offshore Wind Projects: A Second Look at the Proposed Regulations under Section 48
On November 22, 2023, the Internal Revenue Service and Treasury Department released proposed regulations (the Proposed Regulations) relating to the investment tax credit (the ITC) under Section 48 of the Internal Revenue Code of 1986, as amended (the Code). The Proposed Regulations would amend certain existing Treasury Regulations that define the scope of ITC-eligible property (referred to as “energy property”) and general qualification for the ITC.
Offshore Wind Litigation: Court Denies Fishing Groups' Challenge To Major Offshore Wind Project
Offshore Wind Litigation: Court Denies Fishing Groups' Challenge To Major Offshore Wind Project Oct 19, 2023Oct 19, 2023 12:41 pm GMT 1 view By: By Mr Kevin Ewing, Tyler S. Johnson, Taylor M. Stuart and Anouk Nouet Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project).
Offshore Wind Litigation: Court Denies Fishing Groups' Challenge To Major Offshore Wind Project
Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is under construction off the coast of Massachusetts and will be the first modern utility-scale offshore wind energy project in the United States.
Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project | JD Supra
Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is under construction off the coast of Massachusetts and will be the first modern utility-scale offshore wind energy project in the United States.
Judge Approves Wind Project, Despite Fishing Group Complaints
Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is under construction off the coast of Massachusetts and will be the first modern utility-scale offshore wind energy project in the United States.
Congress Amends NEPA in Effort to Reform Federal Permitting | JD Supra
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act. The law increased the debt ceiling and, among other things, amended the National Environmental Policy Act (NEPA). NEPA is a bedrock environmental law that has not seen substantive amendment since it was enacted in 1969.
Congress Amends NEPA in Effort to Reform Federal Permitting
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act. The law increased the debt ceiling and, among other things, amended the National Environmental Policy Act (NEPA). NEPA is a bedrock environmental law that has not seen substantive amendment since it was enacted in 1969.
Offshore Wind Litigation: Court Denies Challenge to Major Offshore Wind Project
The federal government has successfully defended its approvals of the Vineyard Wind project offshore Massachusetts (Project), setting the stage for further decisions as other challenges proceed. Vineyard Wind is the first modern utility-scale offshore wind project to reach the construction phase in the US market.
Offshore Wind Litigation: Court Dismisses Challenge to BOEM’s Process to Identify the New York Bight Lease Areas | JD Supra
The federal government’s offshore wind program notched another important victory on March 9, 2023, when the United States District Court for the District of Columbia dismissed a lawsuit seeking to overturn the New York Bight lease auction. The court found the suit was not ripe, building on court precedent established in relation to an earlier lease auction offshore New York.
Offshore Wind Litigation: Court Dismisses Challenge to BOEM’s Process to Identify the New York Bight Lease Areas
The federal government’s offshore wind program notched another important victory on March 9, 2023, when the United States District Court for the District of Columbia dismissed a lawsuit seeking to overturn the New York Bight lease auction. The court found the suit was not ripe, building on court precedent established in relation to an earlier lease auction offshore New York.
BOEM Proposes to Modify its Offshore Renewable Energy Regulations
Wednesday, January 18, 2023 On January 12, 2023, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) announced a proposed rule (the “Modernization Rule”) to modernize its regulations for renewable energy development on the U.S. Outer Continental Shelf (“OCS”). The announcement marks the first time BOEM has substantially updated its renewable energy program regulations since they were first promulgated at Title 30 Part 585 in 2009.
BOEM Proposes to Modify its Offshore Renewable Energy Regulations
On January 12, 2023, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) announced a proposed rule (the “Modernization Rule”) to modernize its regulations for renewable energy development on the U.S. Outer Continental Shelf (“OCS”). The announcement marks the first time BOEM has substantially updated its renewable energy program regulations since they were first promulgated at Title 30 Part 585 in 2009.
New Climate Guidance Issued to Federal Agencies Conducting Environmental Impact Analyses | JD Supra
Overview On January 9, 2023, the Council for Environmental Quality (“CEQ”) published interim National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (hereafter, “guidance” or “GHG Guidance”).1 CEQ intends for agencies to apply the guidance now even as CEQ seeks public comment on it.2 The guidance aims to establish best practices to ensure that Federal agencies conduct detailed analyses of greenhouse gas emissions and climate change when...
New Climate Guidance Issued to Federal Agencies Conducting Environmental Impact Analyses
Overview On January 9, 2023, the Council for Environmental Quality (“CEQ”) published interim National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (hereafter, “guidance” or “GHG Guidance”).1 CEQ intends for agencies to apply the guidance now even as CEQ seeks public comment on it.2 The guidance aims to establish best practices to ensure that Federal agencies conduct detailed analyses of greenhouse gas emissions and climate change when...
SEC Proposes Regulations to Address “Greenwashing” By Investment Funds
On May 25, 2022, the SEC issued two new sets of proposed rules: “Investment Company Names” (“Names Rule”),[1] and “Environmental, Social, and Governance Disclosures for Investment Advisers and Investment Companies” (“ESG Disclosure Rule”).[2] Taken together, these two proposed rules are intended to combat “greenwashing.” The practice of “greenwashing” refers to when firms or companies claim they are abiding by ESG principles, especially environmental, when in fact they do not so comply.[3]...
SEC Proposes New Disclosure and Reporting Requirements Concerning ESG for Advisors and Registered Investment Funds
Many investment funds, advisors, and companies have been working to incorporate environmental, social, and governance (ESG) factors into their investment practices, but the US Securities and Exchange Commission (SEC) has proposed new disclosure and reporting requirements that will mandate a common disclosure framework for demonstrating “concrete and specific measures taken to address ESG goals and portfolio allocation.” Many investment funds, advisors, and companies have been working to...
A Fund by Any Other Name: SEC Proposes Names Rule Amendments
I. SUMMARY On 25 May 2022, the U.S. Securities and Exchange Commission (the SEC) proposed amendments (the Proposed Amendments) to Rule 35d-1 (the Names Rule) under the Investment Company Act of 1940, as amended in its release entitled “Investment Company Names”1 (the Proposing Release).
Beneficial Ownership Reporting Changes May Hurt Investor Activism
The SEC in February proposed amendments to Regulation 13D-G to modernize beneficial ownership reporting requirements. Adoption of the amendments as proposed will accelerate the timing – and expand the scope – of knowledge of certain activist activities. The deadline for comments on the proposed rules was April 11 and final rules are expected to be released later this year.
SEC Announces Disclosures and Rules Changes Intended to Combat "Greenwashing"
Today, the SEC issued two complementary press releases announcing certain proposed rules. First, the SEC announced "proposed amendments to enhance and modernize the Investment Company Act 'Names Rule'" that would "extend the requirement to any fund name with terms suggesting that the fund focuses in investments that have (or whose issuers have) particular characteristics . . . includ[ing] fund names with terms . . .
ESG Task Force Climate Settlement Is First Of Many To Come
Earlier this month, we wrote regarding the Securities and Exchange Commission’s (SEC) ESG Task Force filing its first complaint against a publicly-traded company for allegedly presenting fraudulent information to investors regarding the safety of its dams, which touches on both “E” and “S” factors related to ESG.
Update on Securities and Exchange Commission’s Landmark Proposed Climate-Change Disclosure Rulemaking
Things to Consider Rulemaking Coordinate closely with trades to ensure their comments reflect concrete information about impracticability and cost; these make a difference in the admin record upon judicial review Trade associations and industry groups are taking the lead on advocacy. Opposition primarily has been limited to Republicans, likely limiting the ability to affect the proposal through political pressure.
Update on Securities and Exchange Commission’s Landmark Proposed Climate- Change Disclosure Rulemaking | JD Supra
May 16, 2022 Kevin Ewing, Rachel Goldman, Charles Still Jr., Tim Wilkins, Christine Wyman Bracewell LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Things to Consider Rulemaking Coordinate closely with trades to ensure their comments reflect concrete information about impracticability and cost; these make a difference in the admin record upon judicial review Trade associations and industry groups are taking the lead on...
May 2022 Katten Financial Markets and Funds Developments
SEC Reopens/Extends Comment Period on Major Rule Proposals, Including Private Fund Adviser Proposals The Securities and Exchange Commission (SEC) announced it is extending the public comment period on the proposed rulemaking to enhance and standardize climate-related disclosures for investors until June 17.
ESG Best Practices regarding Social Washing from the Loan Syndications and Trading Association
As Environmental, Social and Governance (“ESG”)1 trends continue to evolve, the industry continues to publish best practices and guidance to aid in the development of this rapidly growing market.
Litigation and Enforcement Impact of the SEC's Proposed Rules on Climate-Related Disclosure | JD Supra
The Securities and Exchange Commission’s Proposed Rules on Climate-Related Disclosure, released March 21, 2022, represent a significant change in public company disclosure requirements and, if adopted, will have far-reaching effects not only on all public companies but also on those within the companies’ value chain.
Hurdles Ahead for the SEC's New Climate Disclosure Proposal | JD Supra
On March 21, 2022, the Securities and Exchange Commission (SEC) released its much-anticipated proposed rule on climate-related disclosure and accounting, “Enhancement and Standardization of Climate-Related Disclosures for Investors.” The scope and obligations of the 140-page proposal are gradually becoming clearer—and leave no doubt about its extraordinary implications.
Hurdles Ahead for the SEC's New Climate Disclosure Proposal
April 12, 2022 California Board Diversity Statute Unconstitutional by: Kevin M. Yao and Melanie Ruthrauff Levy This Project Seeks to Assist Companies in Onboarding Immigrant... by: Raymond G. Lahoud Alert to Providers: Another Shot to Comply with Provider Relief Fund... by: Michael W. Paddock and Theresa E. Thompson HHS Announces Provider Relief Fund Late Reporting Pathway by: Dawn R. Helak and Danielle N. Scheer Eighth Circuit Finds Text Messaging System did not Violate Telephone... by: Karen S.
Attestation: Practical Reflections on What the SEC Climate Proposal Will Require | JD Supra
Among the many changes set forth in the U.S. Securities and Exchange Commission’s proposed rules governing climate-related disclosures are the attestation requirements1 covering registrants’ greenhouse gas (GHG) emissions disclosures. This article provides a general overview of these attestation requirements and identifies some practical consequences public companies could experience as they anticipate compliance with the new rules.
Summary Outline of SEC's Proposed Rule on Climate-Related Disclosure and Accounting
The SEC’s proposed rule on climate-related risks includes amendments to both the financial reporting requirements (Reg S-X) and the narrative disclosure requirements (Reg S-K). The proposal interlinks the new requirements, drawing aspects of the required narrative disclosures into the financial statement. The proposed changes are complex and detailed. The preamble to the proposal offers interpretive guidance, but the proposed regulatory language itself merits close study apart from the preamble.
Senate Committee Hearing on Proposed FY 2023 EPA Budget Includes Discussion of TSCA and FIFRA Issues
The Senate Committee on Environment and Public Works held a hearing on April 6, 2022, on the U.S. Environmental Protection Agency’s (EPA) proposed fiscal year (FY) 2023 budget. The only witness was EPA Administrator Michael S. Regan. In his written testimony, Regan states that EPA has significant responsibilities under amendments to the Toxic Substances Control Act (TSCA) to ensure the safety of chemicals in or entering commerce and addressing unreasonable risks to human health or the environment.
Under the Sea: Congress Amends OCSLA to Provide for Offshore CCS | JD Supra
Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15, 2021, amends the Outer Continental Shelf Lands Act (“OCSLA”) to allow for it and directs the Department of the Interior to establish a permitting framework within a year of President Biden’s signature.
Déjà Vu: CEQ to Reset NEPA Regulations, and Then Some | JD Supra
On October 7, 2021, the White House Council on Environmental Quality (“CEQ”) released its notice of proposed rulemaking for revising its implementing regulations under the National Environmental Policy Act (“NEPA”). Long expected, the proposal is the first installment on a promise of broader changes to come—perhaps reflecting the difficulty of getting a full package of revisions through the inter-agency review process.
California: Planning its Offshore Wind Future
Monday, October 4, 2021 California is jumpstarting its planning for offshore wind.
SEC Sanctions Public Company for Misleading Disclosures About Data Breach
August 30, 2021 The Battle to Boost Competition: Illinois Becomes the Latest State to... by: Matthew J. Feery and Sheryl Jaffee Halpern Employers, Take Note: Rhode Island Amends Equal Pay, Whistleblower,... by: Gregory (Greg) Keating and Francesco (Fran) A. DeLuca EPA Expands Use of FIFRA Criminal Enforcement As It Targets COVID-19... by: Alan J. Sachs and Sarah A. Kettenmann Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering... by: Michelle S. Strowhiro and Dawn M.
Bracewell Attorneys Review ESG Basics and Company Legal Risks
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
ESG/SEC Disclosure and Implications [VIDEO]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
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