Jaleesa Smith, Author at SGR Law

Jun 8, 2021

Biden EPA’s Plans to Overhaul TSCA Chemical Assessments Sparks Debate Over PPE Use

The EPA has announced that it intends to reconsider Trump-Era assumptions on worker’s use of personal protective equipment (PPE) when conducting TSCA chemical safety evaluations. Under the Trump-Era policy, the EPA assumed workers will follow workplace-safety mandates to wear PPE when gaging chemical exposure risk pursuant to TSCA mandated chemical assessments. The EPA is now considering whether this assumption is reasonable, and whether the TSCA safety evaluations should consider that PPE guidelines and recommendations may not always be followed. Critics of the more stringent approach being considered by the EPA have argued that if the EPA reaches its own conclusions… Read more

Jun 4, 2021

The Importance of Follow-Up/Oversight on Contract Provisions

Companies should be aware that even when they have a written contract that spells out the parties’ responsibilities, e.g., pay rent monthly, they need to monitor compliance with those responsibilities. Failure to do so – sloppy follow-up – can result in a “quasi-new agreement.” The Georgia Court of Appeals’ recent decision in The Hatchett Firm, P.C. v. Atlanta Life Financial Group, Inc., 358 Ga. App. 607 (2021), vividly illustrates this point. In that case, a sublessee paid partial rent payments for ten months and no rent for 6 months. The sublessor sued the subtenant for the unpaid past due rent… Read more

Jun 2, 2021

Tax Trial of the Century…

Tax Trial of the Century…[1] Which does not belong: Bad, Thriller, Moonwalk, Tax Court. Actually it is not a fair question because they all have one thing in common, Michael Jackson. The last one being the Estate of Michael J. Jackson v. Commissioner of Internal Revenue[2]. Michael Jackson died in June 2009. The Executors of his Estate filed an estate tax return reporting the value of his property, which included Jackson’s image and likeness, his 50% interest in Sony/ATV, a music catalog and music publishing business,[3] and his interest in Mijac Music, which owned musical compositions from a variety of artists,… Read more

May 26, 2021

Supreme Court Reverses D.C. Circuit on Superfund Cost Recovery Statute of Limitations

The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up of the Ordot dump. Guam and the U.S. signed a Consent Decree under the Clean Water Act in 2004 requiring the territory to remediate the former Navy-owned Ordot dump from leaking into adjacent rivers. Guam later filed a claim under the Federal Superfund law to recoup some of the clean-up cost. The D.C. Circuit held that the claim was time-barred by CERCLA’s… Read more

May 12, 2021

Possible Regulatory Impact Likely After Colonial Pipeline Hack

The May 6, ransomware attack against Colonial Pipeline is likely to increase cost for cyber insurance, and may prompt legislators to push for tougher standards for critical infrastructure resources such as pipelines, energy grids, and water systems. The attack may prompt insurers to tighten the types of incidents covered, or to require companies looking for insurance to adopt stronger security standards before purchasing a policy. In addition, the Biden administration is expected to direct responsible agencies such as the Cybersecurity & Infrastructure Security Agency, and the Federal Energy Regulatory Commission to take a serious look at heavier regulations for critical… Read more

Apr 28, 2021

International Taxation of the Digital Economy: Can the OECD Unify Its Members?

As the global economy rapidly shifts and accelerates, the OECD has been focusing intently on developing and strengthening international tax rules in recent years. Back in February 2013, the OECD released a report addressing its concerns that existing international tax standards do not reflect an increasingly global economy, and more specifically, an ever-growing digital economy. The OECD is focused on answering two key questions that frequently come up: First, as multi-national enterprises (MNEs) make up a larger proportion of the global economy over time, and as more MNEs offer digital products and services to consumers worldwide, where is the value… Read more

Apr 28, 2021

Biden Administration to Restore California’s Authority to Limit Auto Emissions

The Biden administration is set to begin reversing Trump era policies that limited California’s ability to set vehicles’ emissions standards at a more stringent level than required by the federal government. The Environmental Protection Agency is set to propose a waiver empowering California to mandate zero emission vehicles and to regular greenhouse gas emissions from tailpipes. Before being blocked by the Trump EPA, California’s requirement set a model for the nation and was expected to be followed by states representing more than one-third of the U.S. auto market. The transportation sector is now the largest single source of greenhouse gas… Read more

Apr 14, 2021

Challenge to Trump Rule Relaxing Clean Car Standards Put on Hold by D.C. Circuit

A D.C. Circuit has put on hold a challenge to a Trump administration decision to scale back standards for fuel efficiency and greenhouse gas emission for vehicles. The Trump era rule lowered federal fuel efficiency standard reduction requirements from 5% to 1.5% annually through 2026. A coalition of mostly democratic lead states sued to overturn the Trump rollback, and the Biden administration argued successfully before the D.C. Circuit to halt the proceedings while the EPA and the National Highway Traffic Safety Administration review the regulations. For more information, please contact Phillip Hoover.

Apr 1, 2021

OSHA Adopts National Emphasis Program (NEP) in Lieu of Adopting Emergency Temporary Standards to Address COVID in the Workplace

On March 15, OSHA adopted an NEP in response to President Biden’s Executive Order directing the agency to come up with a national program for COVID-19 enforcement priorities. The NEP directs OSHA to conduct programmed inspections at work sites where employees have a higher frequency of close contact exposures and COVID outbreaks. Industries targeted for heightened scrutiny fall into two categories: (1) establishments in certain NAICS Codes which OSHA has identified as having higher rates of exposure; or (2) industries having an elevated illness rate based upon 2020 OSHA illness reporting data. Many NAICS Codes on the list are related… Read more

Mar 30, 2021

United States Supreme Court Unanimously Rejects a Causal Link Requirement in Specific Jurisdiction Inquiry

A unanimous U.S. Supreme Court held in Ford Motor Co. v. Montana Eighth Judicial District Court that the connection between Ford’s activities in a forum state and products liability claims was “close enough” to support specific jurisdiction. The 8-0 decision (Justice Barrett not participating) rejected Ford’s arguments that the state courts lacked jurisdiction because Ford had not designed, manufactured, or sold the particular vehicles involved in the car accidents. The Montana Eighth Judicial District Court case was consolidated with Ford Motor Co. v. Bandemer. Montana Eighth Judicial District Court case involved a Ford Explorer that had originally been purchased in Washington that through subsequent repurchases… Read more