Category:Uncategorized
Grizzly Bears and Compliance with the Endangered Species Act
In late June 2017, the Department of the Interior and U.S. Fish and Wildlife Service (FWS) officially announced that after 42 years, the population of grizzly bears in the Greater Yellowstone area could be delisted as an endangered species under the Endangered Species Act (ESA). The bears in areas surrounding Yellowstone National Park would now be under state control, a move which has been met with great resistance from environmentalists and some Native American tribes in the region. On August 30, 2017, EarthJustice filed a lawsuit alleging FWS failed to rationally address threats to grizzly bears, including consideration of the lower-48 population as a whole, and therefore violating the Endangered Species Act delisting procedures.
Drone Use and Technological Advances in Aviation
Technological advances in aviation have turned what was once a matter of science fiction into reality. With that increase in technology comes a need for regulation of those technologies and their integration into daily lives. In 2016, the Federal Aviation Administration (“FAA”) finalized its first iteration of the rules that would begin to mold how drones are used.
FCC Proposes an End to Obama-Era Net Neutrality Rules
On November 21, 2017, FCC Chairman Ajit Pai announced his intent to roll back utility-style regulations on internet service providers promulgated in 2015. This issue will be called for a vote on December 14 at the FCC’s open meeting. President Obama pressured the FCC to promulgate rules to regulate the internet as a public utility and preserve “net neutrality.” The FCC’s proposed repeal of these rules would restore internet service provider regulations to the framework established by the Telecommunications Act of 1996. This recent proposal has been divisive along party lines, and the FCC has reported receiving more than 22 million comments.
Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-Duty and Heavy-Duty Vehicles
Under the Obama Administration, the EPA passed Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-Duty and Heavy-Duty Vehicles. The regulation aimed to reduce climate change-causing emissions from the transportation sector, particularly the pollution caused by trucks. However, following the voiced concerns of stakeholders in the glider and trailer industry, the Trump Administration has issued a notice of repeal of emission requirements for glider vehicles, glider engines, and glider kits.
Unlikely Trophies: Big Game Hunting and Conservation Regulation
The United States Fish and Wildlife Service (“USFWS”), a federal agency, has recently moved to issue permits allowing hunters to bring back their trophies from Zambia and Zimbabwe into the United States. Trophy hunting is the classified as legal shooting of animals under official government license for sport or enjoyment. Typically, as a reward and/or prize, the hunter gets to take home the “trophy”—the animal carcass or its remains. However, not all species can be hunted and there are restrictions on where and when the hunting can happen, in addition to limitations on the weapons that can be used for the kill.
Battle of Bears Ears: Challenging Presidential Authority Under the Antiquities Act
After an executive order for review of designations under the Antiquities Act, the Department of Interior to review 27 different national monuments, a leaked internal memo revealed a plan to reduce the size of four national monuments. One of the reductions, recommended by Secretary Zinke, was the shrinking of Bears Ears National Monument. Senator Hatch of Utah since confirmed the whispers; in a conversation with Senator Hatch, President Trump revealed his plans to downsize multiple monuments in Utah, including Bears Ears. This action has raised questions about whether a president, under the Antiquities Act of 1906, is allowed to shrink national monuments.
Compliance in the Face of Evolving Physician Assistant Rules and Regulations
Physician Assistants (PAs) have long been recognized as clinicians working under the supervision and guidance of physicians. In recent years, advocacy efforts have shifted to encourage the recognition of PAs as team-based practice clinicians working in collaboration with physicians. State legislation is beginning to reflect those efforts, as one by one, states begin to update the governing rules and regulations. As that future nears, compliance efforts must be able to effectively respond and adjust to these changes in a timely manner.
Dear Colleague: Collegiate Compliance with Changing Evidentiary Standards of Sexual Misconduct
In a world where sexual assault occurrences on college campuses are becoming more readily recognized and reported, one of the many arising issues is how to appropriately respond to the allegations. Facing college disciplinary boards is one of the principal battlegrounds. With cases of sexual assault often lacking enough evidence for police action, many have demanded that colleges take responsibility for their students’ safety. However, in a situation where it is already “he said, she said,” what is the appropriate evidentiary standard for reprimand?
Clean Water Act vs. America’s Family Farms: Should the Two Be Foes?
As summer turns to fall, leaves begin to change, and farmers in the Midwest start the process of harvesting their crops. Farmers are hard-working, environmentally conscious, planners, who consider how their planting, fertilizer, and equipment effect the environment that their livelihood depends on. They do all of this while still attempting to remain compliant with all applicable state and federal laws. Currently, farmers are worried about changes being made to the Clean Water Act and if they are going to incur large economic damages because of it.
Personal Information Protection Act (“PIPA”): Redefining Cyber-Security & Consumer Protection
Illinois’ Personal Information Protection Act (“PIPA”) became effective on January 1, 2017. Illinois is just one of many states that recently strengthened their data breach notification systems and created data security laws to enhance protection of personal information. Like other state provisions, Illinois created stronger safeguards for personal information transmitted electronically. This act requires that all personal information provided electronically must be encrypted or redacted. The amendments to PIPA (1) broadened the statute’s definition of personal information; (2) clarified the safe harbor for encryption; (3) addressed required notification to residents after a breach; and (4) established limited exemptions.