Perkins Coie

Supreme Court Limits Reach of Clean Water Act

The U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate.

District Court Dismisses Case Challenging Offshore Wind Project

The U.S. District Court for the District of Massachusetts granted the government’s motion for summary judgment on May 17, 2023, in a case seeking to invalidate agency approvals of the first utility-scale offshore wind project in the United States.

Mandatory BEA Foreign Investment-Related Surveys Filing Deadlines Fast Approach

The Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce is the government agency that compiles statistics about the U.S. economy, including the U.S. gross domestic product (GDP).

Governor Newsom Proposes CEQA Reform

Governor Gavin Newsom announced an ambitious and wide-ranging plan on May 19 to expedite the development of important infrastructure projects across the state, with the twin goals of building California’s clean energy future to meet its bold climate goals while creating hundreds of thousands of jobs.

Washington State Enacts Toxic-Free Cosmetics Act

Governor Jay Inslee signed Washington state’s Toxic-Free Cosmetic Act (the Act) into law on May 15, 2023.

The U.S. Tax Credit Evolution
Domestic Content Adder Guidance: Hits and Misses

The U.S. Department of the Treasury (Treasury) issued Notice 2023-38 (the Notice) on May 12, 2023, which contains the first rules concerning the domestic content bonus credits for renewable electricity, renewable natural gas, energy storage, hydrogen storage, and some hydrogen facilities pursuant to Code Sections 45, 48, 45Y, and 48E.

With Specific Focus on Crypto, SEC Revisits Proposed “Exchange” Definition Changes

The U.S. Securities and Exchange Commission (the SEC or the Commission) voted on Friday, April 14, 2023, to reopen the comment period for previously proposed amendments to Rule 3b-16 under the Exchange Act of 1934 (the Exchange Act).

DOE Proposes National Interest Electric Transmission Corridor Designation Process

The U.S. Department of Energy (DOE) published a combined Notice of Intent and Request for Information (NOI) on May 9, 2023, that proposes a new applicant-driven, route-specific process to designate National Interest Electric Transmission Corridors (NIETCs)—areas where DOE determines that electric grid limitations, congestion, or capacity constraints are adversely affecting electricity consumers and communities.

New York City Adopts Final Rules for Law Governing Automated Employment Decision Tools

The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144 on April 6, 2023.

Judge Tosses Aerospace No-Poach Prosecution in Rare Rule 29 Order

On April 29, 2023, the U.S. Department of Justice (DOJ), Antitrust Division (Antitrust Division), suffered another defeat in its ongoing efforts to criminally prosecute conduct affecting workers’ compensation and job mobility.

NYDFS Implements Virtual Currency Assessments Rule

The New York Department of Financial Services (NYDFS) formally implemented its Virtual Currency Assessments Rule as 23 NYCRR 102 on Wednesday, April 19, 2023, by publishing a notice of adoption in the State Register.

Biden Administration Takes Steps To Accelerate Transmission Permitting

The Biden administration (the Administration) has set ambitious goals to reduce U.S. greenhouse gas emissions to at least 50% below 2005 levels by 2030 and to reach net-zero emissions by 2050.