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As public companies anticipate the Securities and Exchange Commission’s (“SEC”) final climate disclosure rules, which are expected to be released sometime fourth quarter of 2023, California has beaten the federal government to the punch.

Carbon capture and sequestration (“CCS”) projects represent a critical pillar in many companies’ strategies to navigate the low-carbon transition.

As part of its Federal Sustainability Plan, the Biden administration has issued a proposed rule that would revise the Federal Acquisition Regulation (“FAR”) to incentivize federal government buyers to prioritize the acquisition of sustainable products and services.

On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the agencies had finalized earlier this year (the “January 2023 Rule”).

The U.S. Government has long made clear its desire to restrict certain outbound U.S. investments, but it was unclear whether a restriction would come through executive or legislative action.

In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at fast-tracking the development of high-voltage electric transmission facilities.

On August 10, 2023, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) issued final regulations (the “Final Regulations”) providing additional guidance to taxpayers on the “Low-Income Communities Bonus” (“LICB”) available under section 48(e) of the Internal Revenue Code of 1986, as amended.

On March 21, 2022, the SEC voted on a proposed rule requiring climate-related disclosures in public filings indicating a critical step in the SEC's growing focus on sustainability and climate matters.

Update: This article has been updated to reflect the Federal Circuit’s affirmation of the CBCA’s Pernix Serka decision and additional developments in the Government’s ongoing COVID-19 response.

Increased antitrust enforcement is a Biden administration priority, and Big Tech is not alone under the microscope. V&E attorneys examine other industries that can expect scrutiny, including health care, pharmaceuticals, and energy.

On March 15, 2021, the District of Columbia’s new “Ban on Non-Compete Agreements Amendment Act of 2020” is projected to pass Congressional review and become law.

On November 20, 2020, Vinson & Elkins attorneys Tom Leatherbury, Lindsey Pryor and Jeremy Gonzalez, in partnership with American Gateways, succeeded in obtaining an order from the United States Fifth Circuit Court of Appeals granting their petition for panel rehearing on behalf of an asylum seeker from Eritrea in Northeast Africa.