INSIDE COMPLIANCE – Page 86 – Loyola University Chicago School of Law

Required Regulation? Challenge to BLM repeal of New Fracking Standards

February 14, 2018Uncategorized

Environmental and tribal groups have historically taken important roles in implementing and enforcing regulations to protect the environment. In a recent action, environmental and tribal groups took on the Bureau of Land Management (BLM) in an attempt to quash BLM’s elimination of a rule regulating the chemicals used in fracking. Although the final rule was originally officially published and implemented in 2015, it never went into full effect due to major challenges brought by the oil and gas industry. However, the Trump administration recently repealed the rule in its entirety, prompting a lawsuit arguing that the BLM is required to promulgate regulations as part of its mission.

Energyenvironmental regulationfederal regulationFLPMAfrackingimlamlanepaoil and gas

Battle of the Knights

February 13, 2018Athletic Regulation

Starting with the 2017 season, the National Hockey League (NHL) expanded to add the Vegas Golden Knights. If hearing “NHL” and “Golden Knights” confused you, you might not be alone – the Army parachute team is also named the Golden Knights. And that potential for confusion has caused the Army to file notice in the Patent and Trademark Office and request that the PTO refuse to register Vegas’ trademark.

ArmyblurringdilutionGolden KnightsHockeyLas Vegasmighty ducks of anaheimNHLparachutePatent and Trademmark OfficetarnishmentTrademarkUSPTO

Once In, Always In

February 12, 2018Uncategorized

The Environmental Protection Agency (“EPA”) recently issued a guidance memorandum withdrawing the decades-old “once in, always in” policy. The policy prohibited facilities once considered to be major sources of emissions of hazardous air pollutants to be later reclassified. These facilities are always subject to the class Maximum Achievable Control Technology (“MACT”) standards, regardless of any newly implemented processes or controls that reduce emissions.

However, the EPA found that the policy was established upon an incorrect interpretation of the Clean Air Act. Facilities may now be reclassified as “area sources” if their emissions fall below the threshold and will be subject to less strict standards.

Area sourceClean Air ActEnvironmental Protection Agencyenvironmental regulationEPAMACT StandardsMajor sourceOnce in Always in

What Does a Federal Government Shutdown Mean for Compliance?

January 21, 2018Uncategorized

For the first time since 2013, on Saturday, January 20th, 2018, the U.S. government ran out of money when Congress failed to pass a spending bill to fund the federal government. Much of the federal government’s operations have ground to a halt due to the lack of funding. Because Congress is seemingly at an impasse over immigration policy, the shutdown may last several days, if not weeks. In light of Loyola’s upcoming symposium exploring what happens when regulation is not enforced, it is interesting to consider how, in a similar vein, the shutdown affects compliance.

CongressDepartment of EducationDepartment of Health & Human ServicesDepartment of LaborDOLEDenforcementFDAFood & Drug AdministrationHHSInternal Revenue ServiceIRSOccupational Safety & Health AdministrationOSHApolicies and proceduresRegulationSECSecurities & Exchange CommissionShutdown

The Effect on Compliance of Lowering Corporate Tax Rates is Uncertain

January 18, 2018Uncategorized

It is commonly accepted that lowering tax rates increases tax compliance and high tax rates encourage tax evasion. The recent U.S. tax reform bill, the Tax Cuts and Jobs Act of 2017, was enacted partly due to assumptions that lowered tax rates would increase tax compliance and recover lost revenue. Here, I examine the theoretical basis for the claim that lowering income taxes increases compliance, as well as the external evidence regarding the extent of increased compliance due to lowering tax rates.

compliancecorporate taxRegulationtax

REGISTER NOW for the 2018 Compliance Symposium!

January 16, 2018Uncategorized

“What is the Role of a Regulation if it is Not Enforced?”

Friday, February 16
9 a.m.–4 p.m.

Philip H. Corboy Law Center
25 E. Pearson Street
Power Rogers & Smith Ceremonial Courtroom, 10th Floor
Chicago, IL

The symposium will explore questions of theory and practice related to an administrative state that has such a largesse of regulations (and quasi-regulations in the form of interpretative guidance) that administrative agencies cannot possibly audit or enforce all of their expectations for regulated actors. The size and decentralized control of the administrative state poses questions of legal theory on the role of regulations in society if the state has no intention or lacks resources for enforcing them and practical questions for the regulated actors in how or when to comply with the regulations. But it also sets up a minefield for the regulated actor if enforcement agencies can play “gotcha” on technical strict liability rules which may be buried amid manuals or have been previously enforced. Although focusing on law, the symposium is intended to be multi-disciplinary and seeks to bring together scholars from law, ethics, political science, business, economics, and philosophy.

announcementJournal of Regulatory ComplianceLoyola University Chicagoloyola university chicago school of lawSymposium

Trump Administration and BSEE Plan to Reopen Federal Waters to Offshore Drilling

January 15, 2018Uncategorized

A government agency created in response to the 2011 BP oil spill is proposing changes to its rules surrounding offshore drilling. The Bureau of Safety and Environmental Enforcement (BSEE) was established to replace the former Minerals Management Service (MMS) agency in response to its perceived conflict of interest and poor regulatory oversight. Since 2011, the BSEE focused exclusively on safety. Now it seems its changing its tune to promote more offshore oil and gas drilling.

BP oil spillBSEEenvironmental regulationMMSoffshore drillingoil production

Cannabusiness – Banking in California

January 14, 2018Drugs & Devices, The Marketplace

In November of 2016 voters in California passed the Adult Use of Marijuana Act which legalized the sale and use of marijuana throughout the state, similarly to states such as Colorado and Washington. Starting January 1, 2018, it will be legal to go to a licensed dispensary and purchase marijuana for personal use, without needing a medical marijuana card. However, marijuana possession or use is still a federal offense; navigating the new law can be hazy.

AUMABankingcaliforniacannabisFDICmarijuanapublic bankRegulationtaxesweed

Cybersecurity – Overview of Financial Services Initiatives

January 13, 2018Finance & Banking

The disclosures of major security breaches in 2017 such as Verizon, Equifax, Uber, the National Security Agency and the Transportation Safety Administration increased consumer concern about the safety of their personal and financial data. These disclosures also contributed to renewed Congressional analysis of data security standards in the financial services sector and review of current federal and state regulatory regimes. Insider cyber threats have become security remains a threat as well. In August 2017, the Securities and Exchange Commission (“SEC”) announced insider trading charges against seven individuals who gained access to confidential merger and acquisition data through a technology consultant’s misuse of an investment bank’s new computer system. State actions, governmental agencies and the financial services industry are actively combatting the growth of cyber-security threats.

compliancecyber-securityPrivacy & SecuritySECSIFMA

Changing Sentiment Surrounding NCAA Regulation

January 2, 2018Athletic Regulation

NCAA regulation is highly restrictive of the compensation of amateur athletes. Recent class actions have challenged the equity of such policies in light of the high levels of revenue generated by the organization and schools. Challenges to NCAA regulation may provide student-athletes greater ability to negotiate their compensation and to make money independently.

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