Jaleesa Smith, Author at SGR Law

Mar 17, 2021

“Diesel Brothers” Clean Air Act Lawsuit Threatens to Greatly Expand Standing Under Citizen Suits

A Federal District Court in Utah ruled that a group of physicians had standing to sue the host of a popular television show, “Diesel Brothers,” for alleged violations of the Clean Air Act resulting from modifications to pollution control devices installed on trucks. At issue on appeal, is whether the Utah physicians for a healthy environment (UPHE”) group can allege a justiciable harm and demonstrate “redressability and causation” both of which are required elements to establish standing. The Diesel Brothers argue on appeal that the UPHE cannot demonstrate that they were injured by the excess emissions caused by the vehicle… Read more

Mar 3, 2021

U.S. Supreme Court to Review Application of Statute of Limitation in Superfund Cost Recovery Case

The U.S. Supreme Court is set to issue a decision in a Superfund cost recovery case which could provide clarity on whether non-Superfund settlements can start the clock on Superfund’s contribution claims’ statute of limitation. In the underlying case, the U.S. struck a deal with Guam under the Clean Water Act in 2004 requiring the territory to stop waste in the formerly Navy owned ORDOT Dump from leaching into adjacent rivers. Guam ended up with remediation costs of $160,000,000 for the clean-up of the dump, but waited too long to try to recover those costs from the U.S. Government, the… Read more

Feb 26, 2021

Updates to the Minimum Wage Rate and Tip-Credit Regulations: For The New York Restaurant and Hospitality Industry

According to the most recent statistical data available from the U.S. Courts, approximately 14,000 Fair Labor Standards Act (FLSA) cases were commenced during the two-year period ending September 30, 2020, averaging 19 new cases per day. These cases are especially prevalent in the U.S. District Courts encompassing New York City and Long Island (the S.D.N.Y. and E.D.N.Y.), where 13% of all private cases commenced over the same period were labor suits. (See here.) For employers in the New York restaurant and hospitality industry, compliance with wage and hour provisions of the FLSA and New York Labor Law (NYLL) can be… Read more

Feb 23, 2021

Key Tax Trap for Foreign Individuals Who Move to the United States

Many individuals who move to the U.S. for work, study or investment, often understand that they will need to be careful to comply with the applicable immigration rules, such as obtaining a visa. And while such persons often have a general idea that they will need to file U.S. tax returns, far less time is spent on tax planning. This blog post outlines a commonly overlooked filing status that may be of substantial use to foreign investors, workers and students. U.S. Tax Filing Status by Residency Under U.S. tax rules, individuals are divided into three general categories, each of which… Read more

Feb 17, 2021

Environmental Groups File Suit to Overturn “Do Nothing” (Ozone Standards)

Environmental groups have sued the EPA to overturn its December 31st rule retaining Obama Era National Ambient Air Quality Standards (NAAQS) for ozone. The suit alleges that the Trump EPA ignored science and mounting evidence that serious health harms occur due to ozone exposure at levels below the current NAAQS. Litigation is likely to focus heavily on the truncated NAAQS review process used by the Trump administration which allegedly failed to properly analyze the latest science on health risk, resulting in a predetermined outcome favored by industry which did not propose tighter regulation. The EPA, in its December rule, retained… Read more

Feb 3, 2021

TSCA to Receive Broader Interpretation Under Biden Administration

The EPA is expected to use its authority under TSCA to make chemical manufacturers provide more information about toxicity, exposure and other data about chemicals manufactured and imported into the U.S. market. A wide range of industries ranging from airplane and auto manufacturers to the oil, gas and rubber industry, should prepare to turn over more information about chemical releases into the environment, the presence of those chemicals in consumer products, and worker exposure to industrial and commercial substances. TSCA requires the EPA to determine whether new chemicals’ intended, known, or reasonably foreseeable uses may put people’s help or the… Read more

Feb 2, 2021

DOJ on the Lookout for PPP Fraud

On January 12, 2021, the U.S. Department of Justice (DOJ) announced the first civil settlement to arise out of the Paycheck Protection Program (PPP). Internet retailer SlideBelts Inc. and its president and CEO, Brigham Taylor, have agreed to pay $100,000 in damages and penalties to resolve allegations that they obtained a $350,000 PPP loan by falsely representing to bank lenders when they applied for the forgivable loan that the company was not in bankruptcy, when in fact it was. The loan proceeds have already been repaid to the lender. The PPP was part of the CARES Act passed in March… Read more

Feb 1, 2021

Recent U.S. Case Highlights Tax Risks for Foreign Equipment Leasing Arrangements

Recently the U.S. Tax Court issued another opinion in the long-running saga of a UK vessel that was chartered for use in U.S. waters. The case has been in audit or before the Tax Court since 2014 and highlights several issues that directly impact foreign equipment leasing firms. On January 8, 2020, the U.S. Tax Court issued the first opinion in the case, addressing whether the income from leasing the vessel was subject to U.S. taxation. Because the owner of the vessel was a U.K. resident, special rules in the U.S.-U.K. tax treaty came into play. (Note that these rules… Read more

Jan 20, 2021

OEHHA Proposes Amendments to Prop 65 Short Form Warnings

On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a Notice of Proposed Rulemaking with respect to Article 6, Title 27 of the California Code of Regulations, which adopt Proposition 65’s safe harbor warning methods and content. The proposed amendments apply specifically to the short form warning, and would limit the use of the short form warning to labels with a total surface area available for consumer information of 5 square inches or less and a package shape or size that cannot accommodate the full-length warning. The proposed amendments would also change the safe harbor… Read more

Jan 19, 2021

Additional Restrictions on Imports from Xinjiang

U.S. Customs and Border Protection (“CBP”) is moving aggressively to prevent the importation of Chinese goods suspected of having been made with forced labor. Effective January 13, 2021, CBP, pursuant to a Withhold Release Order, will detain cotton and tomato products produced in China’s Xinjiang Uyghur Autonomous Region at all U.S. ports of entry. This Withhold Release Order is intended to enforce federal law prohibiting the importation of products produced in whole or in part by convict, forced, or indentured labor. 19 U.S.C. § 1307. CBP’s Withhold Release Order is the latest in a series of U.S. measures targeting products… Read more