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CEQ to Reverse Trump Era NEPA Regulations

On October 7, 2021, the Council on Environmental Quality published a notice of proposed rulemaking to reverse several key changes made under the Trump administration to CEQ’s National Environmental Policy Act NEPA implementing regulations. 

Marine Mammals vs Gas and Oil: Presidential Authority Under OCSLA

Carol J. Miller Share: The quest to fulfill energy demands places whales, dolphins, and other marine mammals at substantial risk. When seismic surveys are used to explore for oil and gas, shock waves and rapid changes in pressure can cause tissue destruction and deafen marine mammals, who are highly dependent on their key senses for survival. In the interest of conservation and prudent development of the natural resources, President Truman’s 1945 Proclamation asserted federal jurisdiction over natural resources, the subsoil, and the seabed of offshore resources of the Outer Continental Shelf (OCS) of the United States. Proclamation 2667, 10 Fed. Reg. 12,305 (Sept. 28, 1945). The goal of the Outer Continental Shelf Lands Act (OCSLA), passed in 1953, is to balance protection for marine animals and restoration of coastal beaches and wetlands, with management of oil and gas exploration. 43 U.S.C. §§ 1331–1356(b) (1953). The 1978 OCSLA amendments addressed increasing demand

Supreme Court Clarifies and Narrows the Definition of an Autodialer under the TCPA | Kilpatrick Townsend & Stockton LLP

To embed, copy and paste the code into your website or blog: Over the past 20 years or so, if your marketing team has deployed or wanted to deploy text messaging to communicate with consumers, and you – as legal counsel – pushed back, you are probably familiar with the Telephone Consumer Protection Act (“TCPA”), its rigid opt-in requirements for commercial text messaging, and the thousands of cases and millions of dollars in fines and settlements paid out for TCPA violations. One significant problem with the TCPA has been the lack of clarity in the statutory language regulating the use of an “automated telephone dialing system” when sending text messages. Even the most diligent marketing and technology teams could get tripped up by the TCPA’s lack of definitional clarity, leading many to forego text messaging campaigns at all due to the potential legal risks, even though texting is currently among the most common communication platforms.

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