The month of August, 2017 has seen three distinct developments that may significantly impact management of “Coal Combustion Residuals,” or “CCR,” which include bottom ash, fly ash, boiler slag, and flue gas desulfurization materials generated from burning coal at steam powered electricity plants. Although one of these developments may provide a degree of regulatory relief, the other two may preserve or even strengthen existing regulatory requirements.

Article I Section 22 of the Missouri Constitution holds that litigants have a right to trial by a fair and impartial jury of twelve qualified jurors. A qualified juror has been defined as one who is “in a position to enter the jury box disinterested and with an open mind, free from bias or prejudice.” Catlett v. Ill. Cent. Gulf R.R. 793 S.W.2d 351, 353 (Mo. Banc 1990).  The Missouri Supreme Court held earlier this month in Thaddeus Thomas et. al v. Mercy Hospitals East Communities, et. al, No. SC96034 that “The trial court is in the best position to evaluate a potential juror and is afforded broad discretion in determining whether the potential juror is ultimately qualified to serve.” The Court provided wide discretion to the trial judge’s ruling regarding the impartiality of a prospective juror.

Today, President Trump officially signed H.R. 3364, the “Countering America’s Adversaries Through Sanctions Act” (CAATSA) into law. CAATSA originated as a bill which was focused on only Iran. However, partially in response to Russian cyber-interference with the 2016 election, the Senate expanded CAATSA to impose additional sanctions against Russia and also codify into law various sanctions imposed by the Obama Administration in the form of Executive Orders. The House of Representatives then approved these additions and added further sanctions against North Korea. Eventually, the House and Senate approved the final version of CAATSA by a margin of 419-3 and 98-2, respectively. For additional detail on CAATSA’s legislative history, please see our previous alerts here, here and here.

Last night, Thursday, July 27, the U.S. Senate voted to pass the “Countering America’s Adversaries Through Sanctions Act” by a vote of 98-2. The House of Representatives passed the bill on Tuesday after adding in new sanctions against North Korea. Among other things, the legislation would impose additional sanctions against Russia and restrict President Trump’s ability to withdraw or relax previous Russian sanctions imposed by the Obama Administration.  To learn more about the bill, please see our July 26th post. The Senate created the bill back in June, where it also passed 98-2, before sending it to the House. Despite reports that the addition of North Korea would result in a delay from the Senate, the Senate passed it just over 48 hours after the House.

On Tuesday, July 25, President Trump spoke with The Wall Street Journal, mentioning that the administration would be taking its time on determining whether to restrict steel imports. Trump and Commerce Secretary Wilbur Ross announced in April that the Administration would be investigating the effects of steel and aluminum imports on national security under Section 232 of the Trade Expansion Act of 1962. Although the law gives Commerce 270 days to make its recommendations, their self-imposed deadline on the report for steel was June 30, which came and went with no action.

Yesterday, July 25th, the U.S. House of Representatives passed the “Countering America’s Adversaries Through Sanctions Act” by a vote of 419-3. The bill originated as an act in the Senate which was focused on Iran. In response to Russian meddling in the U.S. election, the Senate expanded that bill to include additional sanctions against Russia, codify various Russia-Ukraine sanctions promulgated by the Obama Administration into law and add procedural provisions to delay or prevent any efforts by the Trump Administration to relax those codified Obama Administration sanctions. The Senate passed their revised version of this legislation last month by a vote of 98-2. For more information on the Senate’s earlier approval, please see our post on June 16th.

July 14, 2017
New Developments
Rats! Eco-Friendly Soy-Based Insulation Could Spell Trouble Down the Road
By Sarah Rashid

A new “eco-friendly” biodegradable material used to insulate wiring in newer cars could make for trouble — and lawsuits — down the road for car manufacturers. This insulation is made from soybeans, making it more environmentally friendly

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July 5 is the deadline to submit comments in response to the Federal Maritime Commission’s Notice of Inquiry seeking guidance on maritime regulations that should be modified or eliminated. As noted in our previous post, within the NOI the FMC specifically identifies the regulations which impose tariff publication requirements (46 C.F.R. §520) as a target for deregulation.

Coupled with recent comments by Acting FMC Chairman Michael Khouri acknowledging the lack of purpose in tariff publication, it appears that tariff publication requirements may be coming to an end: