On March 25, 2021, the Supreme Court of Canada upheld the Greenhouse Gas Pollution Pricing Act (“GGPPA”), which establishes a national pricing benchmark for greenhouse gas (“GHG”) emissions. Reference re Greenhouse Gas Pollution Pricing Act, case numbers 38663, 38781, and 39116. Several provinces challenged the law, arguing that it was unconstitutional and that it
March 2021
New York Employers Now Required to Provide Paid Leave to Take COVID-19 Vaccine
Effective March 12, 2021, all public and private employers in New York must provide each employee with up to four hours of paid leave to obtain a COVID-19 vaccine injection. The new law, which took effect immediately after being signed by Governor Cuomo, adds a new Section 196-c to the New York Labor Law…
Final Regulations Under § 4960 Provide Helpful Exceptions for Employees of Related Organizations
Effective for taxable years beginning after December 31, 2017, section 4960 of the Internal Revenue Code imposes a tax at the corporate income tax rate (currently 21 percent) on two types of compensation paid by applicable tax-exempt organizations (ATEOs) to their covered employees. An ATEO’s covered employees generally include its five highest paid employees for…
False Claims Act Update: District Court Rejects DOJ Motion to Intervene for Lack of “Good Cause”
When the United States government decides to intervene in False Claims Act litigation after initially declining intervention, it is not “déjà vu all over again.” Instead, as one court has recognized, the “government is getting on a moving train,”[1] and it can only be permitted to “intervene at a later date” if it can…
FCC Considering Changes to Emergency Alert Service Rules; Collecting Information About Potential Application to Streaming Services
Last week, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) regarding its Emergency Alert Service (“EAS”) rules. These rules govern how emergency alerts are transmitted by federal, state, local, Tribal, and territorial officials to the public over mobile phones, radios, and televisions.…
“Cyber Shield Act” Calling for IoT Device Certification Reintroduced in Congress
Sen. Ed Markey (D-MA) and Rep. Ted Lieu (D-CA-33) reintroduced the Cyber Shield Act on March 24, 2021. The proposed legislation is not new to Congress; Sen. Markey and Rep. Lieu previously introduced the Cyber Shield Act in both 2017 and 2019. However, the bill never made it to a vote in either the…
Use of FEC Data – The Vice Chair Says the FEC Has Taken “A Wrong Turn”
There are few things as seductive in politics today as good data, and few things as challenging for commercial firms as the statutory bar on the use of FEC data for commercial purposes. That came to a head yesterday, when the FEC was unable to reach a decision on an advisory opinion request on use…
Hydrogen Policy Development in the UK
The UK Government has set itself very stretching emissions targets. A reduction of 68% on 1990 levels by 2030 and a Net-Zero target by 2050. To achieve these goals, the UK established a Committee on Climate Change with responsibility for setting a credible roadmap. It does this though a series of four-year Carbon Reduction Budgets,…
UK Public Inquiries and Select Committees
Last October, the Health and Social Care Committee and the Science and Technology Committee in the House of Commons announced an inquiry into the lessons to be learned from the UK Government’s response to the Covid-19 pandemic. The two committees are conducting joint evidence sessions to examine the impact and effectiveness of the action taken…
A Property Right To Exclude Others: Cedar Point Nursery’s Implications For Regulatory Enforcement
The Supreme Court recently heard oral argument in Cedar Point Nursery v. Hassid (No. 20-107), a case that has generated considerable amicus participation and press coverage. In that case, union organizers, relying on a California law, entered the property of a fruit nursery with bullhorns in hand in order to urge unionization directly to the…