Rail Transportation of Liquefied Natural Gas: Safety and Regulation
An emerging alternative to domestic natural gas pipelines is shipping natural gas by rail, creating what some refer to as “virtual pipelines.” On April 10, 2019, the Trump Administration issued Execut...
This Land Is Whose Land? The McGirt v. Oklahoma Decision and Considerations for Congress
On July 9, 2020, the Supreme Court announced its decision in McGirt v. Oklahoma—hailed by some as the “most significant Indian Law case of the century.” In a 5-4 ruling, the Court held that land reser...
CARES Act Payments Use and Recipient Characteristics: In Brief
In response to the Coronavirus Disease 2019 (COVID-19) pandemic, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) provided direct payments to individuals and families. ...
Will the FTC Need to Rethink Its Enforcement Playbook (Part II)? Circuit Split Casts Doubt on the FTC’s Ability to Seek Restitution in Section 13(b) Suits
UPDATE: On July 9, 2020, the U.S. Supreme Court agreed to review the Seventh Circuit’s decision in FTC v. Credit Bureau Center and the Ninth Circuit’s decision in AMG Capital Management v. FTC. The Co...
Energy Tax Provisions Expiring in 2020, 2021, 2022, and 2023 (“Tax Extenders”)
This report briefly summarizes and discusses the economic impact of the energy-related tax provisions that are scheduled to expire in 2020, 2021, 2022, or 2023. Fourteen temporary energy tax provision...
Trump v. Mazars: Implications for Congressional Oversight
On July 9, 2020, the Supreme Court issued a pair of decisions concerning subpoenas seeking access to the President’s personal financial records, including tax returns. In Trump v. Vance, the Court rul...
When One Door Closes, Another One Opens: Supreme Court Ruling Restricts Challenges to CERCLA Cleanup But Could Expand State-Law Claims
The Comprehensive Environmental Response, Compensation, and Liability Act, also known as CERCLA or Superfund, places limits on how parties may challenge the scope of a plan to remediate hazardous wast...
Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations
Scientific research indicates that in recent years, the frequency and geographic distribution of harmful algal blooms (HABs) have been increasing nationally and globally. Because the impacts of HABs c...
CARES Act Higher Education Provisions
President Donald J. Trump declared a U.S. national emergency on March 13, 2020, in response to the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) w...
Monuments and Memorials: Federal Criminal Law Protections
On June 26, 2020, President Trump issued an “Executive Order on Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence” (June 26 Order). Among other things, the J...
Comparing Police Reform Bills: the Justice in Policing Act and the JUSTICE Act
On May 25, 2020, George Floyd died in the custody of the Minneapolis police after an officer pressed his knee into Floyd’s neck while restraining him. That incident, others like it, and subsequent nat...
Foxes, Henhouses, and Pension Plans: Supreme Court Concludes Pensioners Receiving Promised Benefits Can’t Sue for Retirement Plan Mismanagement
In early June 2020, the Supreme Court handed down its decision in Thole v. U.S. Bank concerning the ability of pension plan participants to sue plan fiduciaries who engage in alleged misconduct. In Th...
Foreign Agents Registration Act (FARA): Background and Issues for Congress
On June 9, 1938, President Franklin D. Roosevelt signed the Foreign Agents Registration Act (FARA) into law (22 U.S.C. §§611-621). As initially enacted, FARA sought to expose foreign influence in Amer...
HEROES Act, Division K—COVID-19 Housing, Economic Relief, and Oversight Act
Many economic effects of the Coronavirus Disease 2019 (COVID-19) pandemic intensified in April and May 2020, including historically high levels of unemployment and related housing affordability issues...
“Tracing Papers”: A Comparison of COVID-19 Data Privacy Bills
As COVID-19 continues to spread, many public health authorities are turning to contact tracing—measures to identify, notify, and monitor infected individuals’ contacts—to track potential COVID-19 expo...