Blog Post
01/20/2022
By Annie D. Rosenthal

A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See Angel Brothers Enterprises, Ltd. v. Walsh, No. 20-60849, 2021 WL 5627103 (5th Cir. Dec. 1, 2021).

Blog Post
01/18/2022
By Donald A. Rea

In a per curiam opinion issued by Chief Justice Roberts, Justices Barrett and Kavanaugh, with Justices Gorsuch, Thomas and Alito concurring, the Supreme Court stayed OSHA’s “emergency temporary standard” mandating COVID-19 vaccines for employers of 100 or more employees.  The Court noted that the mandate would affect over 84 million workers across the country and that “OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.” 

Blog Post
12/21/2021
By Donald A. Rea

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-1 vaccination and testing for employers with at least 100 employees in a consolidated multidistrict litigation. See In re: MCP No. 165, Occupational Safety & Health Admin. Rule on COVID-19 Vaccination and Testing, 86 Fed. Reg. 61402, Nos. 21-7000, et al. (6th Cir. Dec. 17, 2021).

Blog Post
12/09/2021
By Donald A. Rea

The decision of the U.S. Court of Appeals for the Fifth Circuit in BST Holdings, L.L.C. v. Occupational Safety and Health Administration, 2021 WL 5279381 (5th Cir. Nov. 12, 2021)(Unpublished), recently extended a sweeping stay of OSHA’s vaccination mandate for companies with 100 employees or more until the full evidentiary hearing on motions for preliminary and permanent injunctions. 

Blog Post
11/15/2021
By Brandon A. Brauer and Jordan D. Rosenfeld

Development through public-private partnerships or “P3s” has increased sharply in the past several years, and is poised for an even bigger jump thanks to Uncle Sam. The infrastructure bill, which passed the U.S. House of Representatives last week as H.R. 3684 and which President Biden signed into law on November 15, 2021, aims to directly increase P3 spending by tens of billions of dollars. The bill is also likely to dramatically increase the number of P3 projects by making hundreds of billions of dollars available for infrastructure improvements across the United States.

Blog Post
11/11/2021
By Brandon A. Brauer and Jordan D. Rosenfeld

The Infrastructure Investment and Jobs Act, which passed in the House of Representatives on Friday, November 4th and President Biden signed into law on November 15, 2021, includes an important, permanent streamlining to the federal permitting and environmental review process for large infrastructure projects. Known as “One Federal Decision” or “OFD,” it has been fairly overshadowed amongst the headlines about the bill (it comprises only about 15 of the 2,700 pages), but it has the potential to have a profound impact on the timeline for bringing a project to completion.

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