General Archives

Apr 15, 2020

They Don’t Call Us “Counselor” For Nothing: Part Two of Three

In Part One, the importance of sustaining a client’s morale was discussed. Sustaining morale becomes particularly difficult when rendering candid advice. Part Two will discuss the balance between sustaining morale and rendering candid advice. Rule 2.1 of the Rules of Professional Conduct, in the part entitled “Counselor,” addresses “giving candid advice”: In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. A lawyer should not be deterred from giving candid advice by the prospect that the advice will be unpalatable to the client. The Comment following the Rule 2.1 reveals the delicate balance a “counselor”… Read more

Nov 21, 2019

New USDA Hemp Rules: Initial Reactions

Since the USDA’s recent release of the interim final rule for domestic hemp production, three aspects of the rule have emerged as hot topics of discussion: (1) “total THC”; (2) the requirement for testing labs to be DEA-registered; and (3) the destruction of “hot” hemp. More than 500 comments have already been submitted in response to the rule. Many of these comments express dissatisfaction with the rule’s requirement that hemp crops must be tested for “total THC,” which is derived from the sum of delta-9 tetrahydrocannabinol (THC) and delta-9-tetrahydrocaanabinolic acid (THCA). Crops testing higher than 0.3% total THC would be… Read more

Nov 13, 2019

Energy Companies Consider Petitioning Supreme Court to Review Obama Era Ozone Standards

A coalition of energy companies and business groups petitioned Chief Justice John Roberts for extra time to weigh whether or not to appeal a lower court’s decision that largely upheld the Environmental Protection Agency’s (“EPA”) 2015 ozone caps. In August, the U.S. Court of Appeals for the District of Columbia upheld the Obama administration’s primary ozone standard of 70 ppb, which industry representatives maintain is too stringent. The industry challenge focused on two arguments: (1) that pollution standards should be looser to account for “background ozone” from natural sources; and (2) that the EPA should have considered “adverse economic, social,… Read more

Nov 7, 2019

USDA Issues Hemp Rule

On Tuesday, October 29, 2019, the U.S. Department of Agriculture (USDA) released the long-awaited interim final rule for the domestic production of hemp. As an interim final rule, it took effect immediately upon publication in the Federal Register on October 31, 2019. The rule allows for domestic hemp to be grown under the USDA program or a federally-approved State or Indian tribe’s plan. States and Indian tribes wishing to have primary regulatory authority over hemp production must submit a plan for approval by USDA that is in compliance with the rule’s requirements. The rule regulates where hemp can be grown,… Read more

Oct 24, 2019

New Mexico Environment Department Announces Draft Hemp Final Rule

The New Mexico Environment Department (NMED) has released a draft final rule on hemp post-harvest processing, extraction, production, transportation, warehousing, and testing. The draft can be found here. NMED is currently accepting comments on the proposed final rule. Comments should be submitted by email to hemp.program@state.nm.us and reference a page and line number. NMED will also hold three public meeting to discuss the proposed final rule. The public meetings will be held on October 29, October 30, and November 5. Details on time and location can be found here. For more information contact Steve O’Day or Vickie Rusek.

Sep 25, 2019

James Bratton Honored by State Bar Environmental Section

On September 26, 2019, the Environmental Law Section of the State Bar of Georgia will be hosting its Annual Luncheon at which it will announce this year’s winner of the Environmental Law Section’s lifetime achievement award for high achievement, professionalism, and dedication in the area of environmental law. As part of presenting this year’s award, the Environmental Law Section will name the award after James Bratton who was the founder of the Environmental Law Section of the Georgia Bar, was a partner at Smith, Gambrell & Russell, LLP for over 50 years and passed away in January 2019 at the… Read more

May 24, 2019

The New Hemp Licenses

On Friday, May 10, Georgia Governor Brian Kemp signed the Georgia Hemp Farming Act into law, legalizing the licensing of industrial hemp growers in the state. The law sets forth the requirements for grower licenses and processor permits, which will be administered by the state Department of Agriculture. The Department of Agriculture has not yet promulgated the application forms for grower licenses and processer permits, and is currently working on developing rules and regulations governing hemp production and the application process. Growing and processing hemp without a license remains illegal. Grower licenses will be issued for one calendar year, at… Read more

Dec 17, 2018

ACA Ruled Unconstitutional By Texas Court-What’s Next?

HRA: Health Reimbursement Arrangements ACA

Hours before the end of annual enrollment in the federal health care exchanges under the Affordable Care Act (ACA), a Texas district court judge ruled that the ACA is unconstitutional because the ACA’s individual mandate was eliminated. (The individual mandate is reduced to zero on January 1, 2019.) In Texas vs. United States, Judge Reed C. O’Connor struck down the law, siding with a group of 18 Republican state attorneys general and two GOP governors that the tax bill passed by Congress last December effectively rendered the entire ACA unconstitutional. Judge O’Connor ruled that, because the U.S. Supreme Court upheld… Read more

Nov 7, 2018

Breaking News: Post-Election IRS Issues Final ACA Rule Regarding Religious Exemptions

The IRS has just released new final regulations regarding religious exemptions and accommodations from the contraceptive coverage mandate of the Affordable Care Act (ACA). The rule, to be officially published on November 15th, currently in unpublished form, is available here. This final rule, released post-midterm elections, will provide a way forward for religious organizations that object to certain contraceptive coverage required under the ACA. More details soon.

Jun 21, 2018

Excited About Association Health Plans?

Not So Fast, Says New York and Massachusetts Many commentators and businesses welcomed the new final regulations on association health plans (AHPs) released by the US. Department of Labor (DOL) on Tuesday, (see here and here). The new rules allow small businesses and self-employed individuals to band together to purchase health insurance, even across state lines. This insurance potentially is more cost-effective than the current Affordable Care Act (ACA) marketplace policies, and the policies offered to the small group and individual markets. These policies may be less expensive because the AHPs are not required to provide all of the essential benefits required under the… Read more