COVID-19/Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue Regarding U.S. Environmental Protection Agency Enforcement Discretion/Compliance Assurance Policy
The Center for Biological Diversity (“CBD”) sent the United States Environmental Protection Agency (“EPA”) an April 21st Notice of Intent to Sue (“Notice”) regarding the agency’s recently issued enforcement policy addressing the COVID-19 pandemic. See U.S. Environmental Protection Agency memorandum…
Diesel Emissions Reduction Act/School Bus Upgrades: U.S. Environmental Protection Agency Announces Rebates for Arkansas/Louisiana/Oklahoma/Texas School Districts
The United States Environmental Protection Agency Region 6 (“EPA”) announced in an April 24th news release it was awarding $11.5 to replace 580 older diesel school buses. School districts in Arkansas, Louisiana, Oklahoma, and Texas received $1,095,000. The upgrades are expected to improve air…
APRIL 28, 2020 UPDATE: Survey of State Insurance Department COVID-19 Regulatory Actions
With the initial wave of COVID-19 reactionary regulation behind us, States continue to assess existing emergency measures and terminate, modify, or extend those measures as necessary. Some states are also expanding the availability of, or easing restrictions on, temporary producer licenses in…
8th Circuit Affirms that the Reasonable-Basis Defense to Negligence Tax Penalty Requires Actual Reliance on the Relevant Authority
The Internal Revenue Regulations provide for a defense from the 20% negligence penalty imposed under Section 6662(a) of the Internal Revenue Code only where the taxpayer’s “return position is reasonably based on one or more [relevant] authorities.” 26 C.F.R. § 1.6662-3(b)(3) (emphasis added). In…
Natural Gas Pipeline/Natural Gas Act: Federal District Court Addresses Condemnation Issue
The United States District Court (Eastern District Pennsylvania) (“Court”) addressed in an April 23rd memorandum opinion an issue arising out of a natural gas pipeline’s proposed condemnation of certain property. See Adelphia Gateway, LLC v. Temporary Easement for 0.065 Acres in City of Chester…