Category:Uncategorized
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.
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.
Self-Driving Cars: The “Cars of the Future” Impacted by Regulatory Restrictions
On Friday, October 28, 2017, the National Highway Traffic-Safety Administration (“NHTSA”) announced they are striving to deregulate strict regulations currently slowing production on self-driving cars. NHTSA is seeking to deregulate in an attempt to increase the production and deployment of driverless cars. In the Rulemaking Report released by the Department of Transportation (“DOT”), NHTSA seeks comments to “identify any unnecessary regulatory barriers to Automated Safety Technologies, and for the testing and compliance certification of motor vehicles with unconventional automated vehicles designs, especially those equipped with controls instead of a human driver.”
How To Keep Your Government Accountable
On October 26, 2017, the United States government released files relating to the assassination of President John F. Kennedy and the investigation that followed. The majority of the documents generated by the investigation – about 88% of all FBI, CIA, and other agencies’ files – have been available for years, but the rest of the documents were due to be released this year. On the recommendation of the investigatory agencies, President Trump decided to keep some of this remaining information redacted due to “national security, law enforcement, and foreign affairs concerns.” Speculation as to the contents of these documents and the reasons for redacting secure information have renewed a continuing discussion about what information the public should be privy to and how this information can be accessed.
Handling a Data Breach: Equifax v Google
Google answered Amazon’s Echo Dot by recently launching their own pint-sized smart speaker, the Google Home Mini. Recently, Google was forced to disable one of the features on the Home Mini after it was discovered that a technical glitch led to near 24/7 audio recording. Google responded quickly and appropriately, investigating the cause and quickly releasing an update to disable the hardware responsible for the glitch. The Equifax hack – a breach of personal data including social security numbers, driver’s license information, and other credit details – exposed nearly half the country and waited months to respond. Upcoming European legislation that can significantly impact American companies with European Union clients may be part of the reason for their drastically different responses.
An Overview of Illinois Public Act 100-0538 Compliance with the Hyde Amendment
Illinois Public Act 100-0538, commonly referred to as House Bill 40, was signed into law on September 28, 2017. The Act repeals provisions in existing Illinois laws that aim to make abortion illegal should there be any change to the federal standard. Additionally, the Act lifts a ban on insurance coverage for abortions for low-income individuals enrolled in Medicaid. While enacting House Bill 40 was a win for advocates of reproductive rights in Illinois, the state will still need to comply with federal anti-abortion laws, such as the Hyde Amendment.