December 15, 2022
Volume XII, Number 349
December 15, 2022
– Beyond Backpay: Labor Board Adds Extra Compensation to Employees in ‘…by: Jonathan J.Spitz and Richard F.Vitarelli
– Special Delivery: NLRB Returns to Obama-Era Standard to Limit…by: Michael J.
Lebowich and Joshua S.Fox
– Recent Developments to the 340B Drug Pricing Program [PODCAST] by: Victoria K.Hamscho and Andrew D.
Ruskin
– Festive NLRB Provides Holiday Gifts to Unions/Employees by: Robert E.Entin
– Third Circuit: Whistleblowers Are Not Shielded From Discipline for…by: Steven J Pearlman and Pinchos (Pinny) Goldberg
– Psychedelic Drugs – Easing the Regulatory Hurdles for Development by: Lauren P.Carboni and Devaki Patel
– CFPB and State Regulators Hone in on Interest-Bearing Crypto Accounts by: Moorari Shah and A.J.S.Dhaliwal
– U.S.
Supreme Court to Decide Whether Appeal of Denial of Motion to…by: William Robert Gignilliat, IV and Samia M.Kirmani
– OCC Revises Policies and Procedures for Civil Money Penalties by: Moorari Shah and A.J.S.
Dhaliwal
– Several New Group Health Plan Reporting Deadlines Are Approaching –…by: Nick J.
Welle and Hannah R.Demsien
– CMS Includes MAOs in Data Exchange and Prior Authorization…by: Christine M.Clements and Sheela Ranganathan
– Abortion-Related Time Off After Dobbs: How the FMLA and Other Laws…
by: Frank C.
Morris, JR and Susan Gross Sholinsky
– Battle Lines Drawn on Electric Vehicle Tax Credit Specifics by: William Ball
– Emerging Threats: Cyber Attacks and Side-Channel Evolution by: Iliana L.Peters and Colin H.Black
– ’Tis the Season for California’s 2023 Legislative Update: Employer…by: Vanessa C.Krumbein and Rana Ayazi
– Guide to Creating a Corrective Action Plan Template by: Dr.Nick Oberheiden
– Ten Environmental and Energy Issues to Watch in 2023 by: J.Michael Showalter and Amy Antoniolli
– Treasury Announces a Second Application Round for ECIP Investments by: Neil E.
Grayson and Robert Klingler
– S.D.N.Y.Voids ERISA Plan’s Arbitration Provision by: Joseph E Clark and Daniel B.Wesson
– Michigan Minimum Wage and Paid Leave Update: Agency Guidance and the…by: Emily M.
Petroski and Allan S.Rubin
– NLRB Reinstates “Micro Unit” Standard Making it Easier for Unions to…by: James J.La Rocca and Robert T.Dumbacher
– Love and Marriage: How the Respect for Marriage Act Affects Employers…by: J.
William Manuel and Anne R.Yuengert
– DHS Issues Guidance on Additional H-2B Temporary Nonagricultural…by: Jessica Feinstein
– 12 Days of CRM: Day 1 – How to Measure CRM Success by: Christina R.Fritsch JD
– Staff Says Some Non-GAAP Financial Disclosures Are Beyond Redemptive…by: Keith Paul Bishop
– A Direct Hit: NLRB Expands Make-Whole Remedies to Cover All “Direct…by: Michael J.
Lebowich and Joshua S.
Fox
– NLRB Dramatically Increases Liability for Unfair Labor Practices with…by: Adam C.Abrahms and Neresa A.De Biasi
– False Claims Act: Prediction on Supreme Court Ruling on Government…by: Lori A.
Rubin and Pauline R.
Wizig
– Proxy Season Greetings: ISS and Glass Lewis Announce Policy Updates…
by: Colleen Hart and Andrea S Rattner
– Supreme Court Declines to Clarify FCA Pleading Standard by: Scarlett Singleton Nokes and Virginia C.Wright
– Full Speed Ahead: District Court Entitled to Explore Litigation…by: Amol Parikh
– Economically Motivated Adulteration in Honey by: Food and Drug Law at Keller and Heckman
– China Announces New Management Measures for Food-Related Products by: David J.Ettinger and Eric Gu
– Ratings Agencies Increase Focus on “Green Ratings” by: Jacob H.
Hupart
– Increased Federal Attention to Skilled Nursing Facility Compliance…by: Anne M.Murphy and Rachel Hold-Weiss
– European Commission to Start Adequacy Decision Adoption Process for…by: Hunton Andrews Kurth’s Privacy and Cybersecurity
– Applying Collateral Estoppel in IPRs by: Alexandra Cavazos, PhD
– Appellate Court Addresses How Much Information Employee Must Submit…by: Tasos C.Paindiris and David Mohl
– Improving Liquidity Through Real Estate Sale and Leaseback…
by: Simone Wijngaard and Alexander van Hövell
– The Ultimate Lawyer Time Off Checklist by: Kamron Sanders
– PTO Announces Cancer Moonshot Expedited Examination Pilot Program by: Bernard P.Codd
– Do Law Firms Use HubSpot? by: CRM News and Updates, Lawmatics
– Litigation Minute: Year in Review—Trending Topics Across the 2022…by: Lindsay Sampson Bishop and Jacquelyn S.Celender
– The State of ESG Reporting in Australia by: Clive Cachia and Adam Levine
– Supreme Court to Hear Case on Whether Lawsuits are Stayed During…by: Ron Chapman, Jr.and Zachary V.
Zagger
December 14, 2022
– Certain Green Cards Getting 24-Month Extensions as USCIS Deals With…by: Michael H.Neifach
– Ankura CTIX FLASH Update – December 13, 2022 by: Ankura Cyber Threat Investigations and Expert Services
– Australia: Climate and Sustainability-Related Financial Disclosure…by: Jim Bulling
– Ankura CTIX FLASH Update – December 9, 2022 by: Ankura Cyber Threat Investigations and Expert Services
– New Washington State Guidance A Reminder That More State Pay…by: Aaron Vance
– Washington Supreme Court Affirms Ecology’s Authority to Bypass…
by: Erika H.
Spanton and Allyn L.Stern
– NLRB Unleashes New Damages Against Labor Law Violators by: Mark J.
Neuberger
– Illinois Appellate Court Weighs in on Biometric Data Policies by: David M.Poell and Kari M.Rollins
– FTC Issues Green Guides Questionnaire by: Phyllis H.Marcus
– Traveling for the Holidays: Planning for Successful International…
by: Ann H.Lee and Michael J.Bonsignore
– NYC Council Considering Proposal To Significantly Limit At-Will…by: Evandro C Gigante and Joseph C O’Keefe
– Webinar Recording: Navigating Today’s Privacy Compliance…by: Cynthia J.Larose
– Pennsylvania Takes Emergency Action to Regulate Conventional Oil…
by: David J.Raphael and Brianna K.Edwards
– A Look At The Upcoming European Unitary Patent And Unified Patent…by: Angela B.Freeman, M.S.and Rory P.
Pheiffer
– Massachusetts Unveils New Workplace Poster, Notifications for…by: Rachel Reingold Mandel and Ashley Prickett Cuttino
– US Executive Branch Update – December 14, 2022 by: Stacy A.Swanson
– Michigan Court of Appeals Hears Argument on the Adopt and Amend…by: Luis E.Avila and Maureen Rouse-Ayoub
– California Wage and Hour Issues for Employers to Watch in 2023: Is My…by: Karen E.
Wentzel and Michael W.Kelly
– AML Bill Key to Busting Russian Oligarchs by: Stephen M.
Kohn and Grace Schepis
– SEC and CFTC Whistleblower Programs Reveal Continued Success…
by: Jason Zuckerman and Matthew Stock
– Prices Keep Rising: Labor Board Significantly Expands Remedies…by: David J.Pryzbylski and Aaron Vance
– More on Understanding the Medicare Overpayment Appeals Process by: Kendall R.Walker and Courtney G.Tito
– New York State Provides Protection for Use of Leaves of Absence by: Jonathan A.Wexler
– US Executive Branch Update – December 13, 2022 by: Stacy A.Swanson
– Looking Ahead to 2023: Pay Transparency Developments by: Allan S Bloom and Evandro C Gigante
– What Does 2023 Hold for California COVID-19 Supplemental Paid Sick…
by: Benjamin A.Tulis
– AND ANOTHER ONE! TCPA CLASS DISCOVERY LIMITED: Third Party Subpoena…by: Jenniffer Cabrera
– Reminder: New Tax Forms for Retirement Plan Payment Withholding…by: Jeffrey M.Holdvogt and Diane M.Morgenthaler
– Ninth Circuit Answers Lingering Question on Scope of ‘Autodialer…by: Joseph C.Wylie II and Nicole C.
Mueller
– Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for…by: George Carroll Whipple, III
– Preparing for New SBA Certification Requirements for Veteran-Owned…by: Erin L.Toomey and Frank S.Murray
– California Starts Mandating Employee Bereavement Leave in 2023 by: Paul R.Lynd
– HHS Bulletin: Covered Entities’ Disclosure of PHI Collected via…
by: Ryan P.Blaney and Danielle L.
Brooks
– When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community by: Dana M.Lingenfelser and Kristin D.Mitcham
– GREAT LEGAL WORK: TCPA Defendant Wins a HUGE Certification Victory…by: Eric J.Troutman
– 401(k) Compliance Check #12: Don’t Borrow Trouble – Correcting…
by: Belinda S.Morgan
– FDA Published Food Safety Culture Literature Review by: Food and Drug Law at Keller and Heckman
– Does a business have to provide a privacy notice directly to a…by: David A.Zetoony
– New Privacy Enforcement Act Commences in Australia by: Cameron Abbott and Rob Pulham
– NYC Delays Enforcement of Automated Employment Decision Tools Law to…by: Lindsay Colvin Stone
– U.S.Department of State to Update Design on Nonimmigrant and…by: Ashley K.
Kerr
– Cannon Fire: Newly-Famous Judge Stays All Discovery in TCPA Class…by: Eric J.Troutman
– EPA Announces Proposed RFS for 2023-2025, Will Hold Public Hearing in…by: Lynn L.Bergeson and Carla N.Hutton
– Why Do Law Firms Need CRM? by: CRM News and Updates, Lawmatics
– This California Rule by: Keith Paul Bishop
– Unintended Consequences: Legal Compliance Concerns With Long-Term…by: Amber K.
Dodds and Robert S.Nichols
– UK Parliament Considers Retained EU Law (Revocation and Reform) Bill…by: Emma Thomson
December 13, 2022
– DOL Issues Final Rule Amending Investment Duties Regulation –…by: James Frazier
– Third time lucky or Schrems III? The European Union Data Pact with…by: Diletta De Cicco and James Downes
– Renewed Era of Crypto Assets Growth in Hong Kong by: Jay Lee
– Division I Universities Must Be Ready for Changes to the NCAA…
by: Paul V.Kelly
– U.S.Supreme Court Hears Oral Argument in Case Testing Limits of…by: Michelle E.
Phillips and Christopher M.Repole
– Damages in Pre-Certification Discovery are Premature, Discovery…by: Jenniffer Cabrera
– When Chains Change, Do NFTs Stay The Same? How Hard Forks May Affect…by: Jason H.
Finger
– COVID-19: A Roadmap to Fraud Investigations: Office of Inspector…by: Stephen D.Bittinger
– DOJ Settlement with Electronic Health Records Provider Highlights…by: Ty E.Howard and Lane M.
Webster
– Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting…by: Abby M.Warren
– Increasing US Enforcement Action for Sanctions Violations by Crypto…by: Hannah Laming and Adam Klauder
– DOJ Antitrust Division and HHS OIG Enter into Partnership to Increase…by: Diane Hazel
– Can Discovery Be Compelled from a Party? Possession, Custody, Control…
by: Kathryn C.Cole
– Weekly Bankruptcy Alert December 13, 2022 by: Bankruptcy & Creditors’ Rights
– California’s Newly Adopted “Safe Harbor” Warning Label for Acrylamide…by: Taryn McPherson and Whitney Jones Roy
– Considerations for Public Company Bylaw Amendments in View of the New…by: Frank M.Placenti and Doron Lipshitz
– All Things Chemical® Podcast: TSCA Regulation of Articles: The Saga…
by: Lynn L.Bergeson
– Telecom Alert: Providers Support 10-10.5 GHz NPRM; FCC Blocks Student…by: Jaimy “Sindy” Alarcon and Jim Baller
– New DOL Rule Enables Consideration of ESG Factors in Investing, Plus…by: Johnjerica Hodge and Danette R.Edwards
– Energy & Sustainability M&A Activity — December 2022 by: Thomas R.
Burton, III and Sahir Surmeli
– Court Holds NC State Health Plan Constitutes “Health Program or…by: Caroline Turner English and Alison Lima Andersen
– Energy & Sustainability IP Updates — December 2022 by: Brad M.Scheller
– Another Block Falls: BlockFi Files for Chapter 11 Protection,…by: David A.Lopez-Kurtz and Alex J.Albers
– SEC Reopens Proposal on Stock Buyback Rules by: Erin Reeves McGinnis
– IRS Announces 2023 Increases to Estate and Gift Tax Exclusions by: Katlyn E.
Koegel and Stephen C.Rohr
– FDA Letter States that β-Nicotinamide Mononucleotide is Not Lawful…
by: Food and Drug Law at Keller and Heckman
– New York City’s Automated Employment Decision Tools Law Enforcement…by: Adam S.
Forman and Nathaniel M.Glasser
– Chips Chatter: December 5-12, 2022 by: Pablo E.Carrillo and Ludmilla L.Kasulke
– FTC Releases Tentative Agenda for December 14 Open Commission Meeting by: Hunton Andrews Kurth’s Privacy and Cybersecurity
– How Many Behavioral Advertising Trackers Do Websites Deploy Currently? by: David A.Zetoony
– FRB Proposes Climate-Related Financial Risk Management Principles by: Daniel Meade
– Energy & Sustainability Litigation Updates — December 2022 by: Jacob H.
Hupart
– Investor-State Arbitration: 2022 ICSID Rule Amendments and Update on…by: Joseph J.Mamounas and Claudia D.Hartleben
– Warning Sign? A New Round of FDA Warning Letters Over CBD Consumer…by: J.
Hunter Robinson and Josh Kleppin
– Cross Border Recognition, 25 years on: the view from each side of the…by: Michelle N.Saney
– A New Era of Technology in the Private Markets by: Louis Lehot and Christopher Converse
– New York City Postpones Enforcement of Automated Employment Decision…by: Simone R.D.Francis
– New Law Seeks To Curtail Coerced Debts by: Keith Paul Bishop
– Republican SEC Commissioners Continue to Criticize Proposed Climate…
by: Jacob H.Hupart
December 12, 2022
– Raters gonna rate…but there’s a bright side! by: Daniel B.Guggenheim
– SEC Awards More than $20 Million to Whistleblower by: Mary Jane Wilmoth
– Duty to Preserve Evidence Covers Climate Review by Higher Educational…by: Monica H.
Khetarpal and Laura A.Ahrens
Ten Environmental and Energy Issues to Watch in 2023
What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a major court decision involving hot-button topics like the regulation of greenhouse gases, and concepts like ESG reporting and environmental justice (EJ) truly becoming mainstream.Our group of environment and energy attorneys break out some “issues to watch” below.
Federal Statutory Modifications or Reinterpretations
We do not expect Congress to enact major changes to any of the main environmental statutes in 2023, nor are many cases pending now at the US Supreme Court, which would fundamentally change prevailing court interpretations, excepting one related to the federal Clean Water Act (CWA):
Sackett v.Environmental Protection Agency, currently pending before the Supreme Court, is the CWA case.Sackett, which we discussed here, involves a question of how broadly the US Environmental Protection Agency (EPA) can read “waters of the United States” for the purposes of the Clean Water Act.This definition matters because the term represents an important boundary line between federal and state regulatory authority.
As the case was the first case the Supreme Court heard this term in October, it is likely that we will see a decision in the first part of 2023.
With control of Congress being divided between a Democratic Senate and a Republican House next session, our Governmental Affairs colleagues predict that larger-scale regulatory reform initiatives will face a more difficult path through the legislative branch.However, there will continue to be opportunities for incremental efforts on issues that cut across parties or are focused on particular regions.Additionally, we are likely to see Congressional Republicans use their oversight capabilities to press agencies for policy changes.
While reform of permitting in the environmental space has been frequently discussed throughout 2022, it seems unlikely that permitting reform legislation similar to that pushed by Senator Joe Manchin (D-WV) will secure passage.
Other Cases to Watch
The US Supreme Court isn’t the only court in this country with impacts in this space.We wanted to note two other cases – both pending in the Fifth Circuit – to keep an eye on in 2023:
Lousiana v.
Biden evaluates Biden Administration efforts to quantify the social cost of carbon.In March 2022, the Fifth Circuit declined to uphold a district court preliminary injunction preventing the Biden administration from using the social cost of carbon as a key metric to address climate change.At that time, we provided a primer as to what the social cost of carbon is and why the Fifth Circuit stayed the injunction (see here and here).In short, the social cost of carbon is an estimate of the economic costs, or damages, of emitting one additional ton of carbon dioxide into the atmosphere, and conversely, the benefits of reducing emissions by one ton at a time.
After the Fifth Circuit permitted the Biden Administration to proceed with its evaluation, the challenging states requested that the US Supreme Court step in and reinstate the district court’s stay.The Supreme Court declined to do so.The Fifth Circuit’s merits hearing occurred earlier this month and a decision is expected in 2023.The Fifth Circuit’s decision will likely rest on whether states challenging the quantification efforts had standing to challenge the efforts in federal court.
We wrote about Environment Texas Citizen Lobby v.ExxonMobil Corporation in September when the Fifth Circuit held that an injured party could demonstrate standing to sue on a categorical basis.(See our discussion here.) This upheld a non-governmental organization (NGO) seeking to prove “categories” of violations, as opposed to demonstrating that a NGO member could prove they were harmed by individual instances of violations like flaring, smoke, haze, chemical odor, and asthma-like symptoms.The Fifth Circuit is currently considering a petition to rehear its September decision en banc to revisit whether “categorical” showings of standing are appropriate.We should know in early 2023 whether the Fifth Circuit will revisit its decision.
Regulation of Products Not Intended for Reuse
“Circular economy” issues will likely become more visible in 2023.
We wrote recently about Bloomberg Philanthropies’ $85 million “Beyond Petrochemical” campaign and its likely impact on ESG- and “greenwashing” litigation.The press release announcing the campaign indicates that, among other things, it is intended to target plastic use, much of which is used in single-use products like plastic bags and bottles.The launch of a US-focused campaign in this space would align with worldwide trends; a Scottish ban on many single-use plastics went into effect in June 2022, and England will reportedly impose a similar ban soon.
Plastic bags and bottles aren’t the only products which are designed with parts intended to be discarded.
As we collectively grapple with how to strike the appropriate balance between consumer convenience and waste minimization, some local governments are seeking to address these issues themselves.
For example, the city of Baltimore filed suit against various cigarette manufacturers to recoup the costs associated with cleaning up cigarette filter litter and the damages to natural resources and decrease in property values allegedly caused by the dumped filters.The 11-count complaint is available here and features various statutory, tort, and product liability theories as to why the manufacturers should be on the hook.This lawsuit – and others touching on the same space – will continue throughout 2023.
Emerging Contaminants
In 2022, we wrote about continued federal efforts related to so-called “emerging contaminants,” including per- and polyfluoroalkyl substances (PFAS).(See here).
Under the Safe Drinking Water Act, EPA published additional health advisories for PFAS contaminants, which are currently not subject to any national primary drinking water regulation.EPA has indicated that it plans to propose enforceable drinking water standards for two of the most widely used PFAS — PFOA and PFOS — by the end of 2022 and to have a final rule promulgating those standards in place by the end of 2023.
On August 22, 2022, EPA issued a proposal to designate PFOA and PFOS as hazardous substances under CERCLA.(See here.) With the comment period now closed, we expect EPA to publish a final rule in the Federal Register at some point in 2023.EPA is also under a January 1, 2023, statutory deadline to finalize a rule requiring manufacturers to report information on PFAS manufactured since Jan.1, 2011.
EPA proposed some changes to that rule and requested additional comments in late 2022, suggesting the rule may not be finalized until later in 2023.
Environmental Justice
Environmental justice initiatives at the federal and state levels will continue in 2023.
We have discussed the Biden Administration’s efforts in the EJ space repeatedly, but most recently here.The next year should see past efforts in the federal level move from setting the groundwork for future progress toward materially influencing significant permitting, compliance, and enforcement decisions.As one example, EPA has indicated that it intends to move from conducting 30% of its compliance inspections in EJ communities in fiscal 2021 to 50% in 2023.(See here.) As that happens, the regulated community is statistically more likely to need to address issues identified in EJ communities.
Regarding EJ, there are three issues to keep an eye on in 2023:
First, EPA has committed as part of its EJ efforts to better measuring its own performance and calibrating its efforts to relieve perceived burdens sooner than it has previously.
These efforts are part of EPA’s efforts to better allow communities access to environmental data.(See here.) While these goals are laudable, how they are implemented is worth monitoring in 2023.
Second, EPA’s efforts in the EJ space have – to this point – raised controversy in relation to particular sites, but not on a programmatic level.
Individual actions, like those taken in relation to a Chicago recycling facility (see our discussion here), over time could result in broader opposition, especially if they become politicized as have efforts related to ESG in recent weeks.Opposition to EJ policies may increase as EJ concerns drive site decisions.
Third is how state-focused EJ efforts will unfold.Various states are – in essence – further along in deploying state-focused EJ considerations into the regulatory space.
While many states are now engaged in crafting EJ programs, provisions in “further along” programs from states like California, Colorado, Michigan, and New Jersey may be refined and deployed in other states or at the national level.
Finalization of US ESG Regulations Requiring Environmental Disclosures
ESG disclosures rapidly evolved throughout 2022.
Two federal regulations, expected to be finalized in 2023, would require the disclosure of climate-related risks.Both proposals also require the inventorying and disclosure of greenhouse gas (GHG) emissions in a manner different than previously required.The proposal from the US Securities and Exchange Commission (SEC) requires disclosure to satisfy investor needs while the Federal Acquisition Regulation (FAR) Council requires disclosure to meet President Biden’s Climate-Related Financial Risk Executive Order (EO), issued May 20, 2021, which sets forth a policy “to advance consistent, clear, intelligible, comparable, and accurate disclosure of climate-related financial risk, including both physical and transition risks; act to mitigate that risk and its drivers .
.
.and achieve our target of a net-zero emissions economy by no later than 2050.” More detail on these:
SEC’s Climate-Related Disclosures Rule: The SEC’s proposed rule would require US-registered companies and foreign private issuers to provide certain climate-related information in their registration statements and annual reports.The proposed rule would require public companies to disclose only climate-related emissions reduction targets they have already set, but it would not impose any obligation to set such targets.
Federal Acquisition Regulation Amendments: The US Department of Defense (DOD), General Services Association (GSA), and National Aeronautics and Space Administration (“NASA”) are proposing to amend the FAR to require nearly all federal contractors, whether public or private, to:
1.Inventory and disclose their Scope 1, 2, and 3 GHG emissions as provided in the GHG Protocol;
2.Complete an annual climate disclosure and disclose the process for evaluating climate risks and the climate-related risks, as defined through a Taskforce for Climate-related Financial Disclosure lens; and
3.Set science-based targets to reduce their GHG emissions through the Science Based Target Initiative and have the targets validated.
As proposed, the two rules could potentially have different deadlines for compliance, complicating GHG reporting timelines for companies.
A must-watch issue in 2023 will be whether the SEC and FAR Council align reporting deadlines to ease the burden on companies who could be subject to both regulations and potentially other ESG reporting regimes such as the Corporate Sustainability Reporting Directive, passed November 28, 2022, in the European Union.
Crypto Energy Use
We’ve previously written about the significant energy use which can come with cryptocurrency mining.
We’re now seeing states work either to incentivize (like Kentucky’s tax incentives) or curb crypto mining.
In November, New York became the first state to temporarily ban certain crypto mining operations that use the energy intensive proof-of-work authentication methods to validate blockchain transactions, which underpin blockchains like Ethereum and the Bitcoin mainnet.The law (Senate Bill 6486D) establishes a two-year ban on the state’s issuance of new permits or approval of applications to renew existing air permits for an electric-generating facility that uses carbon-based fuel and provides behind-the-meter electric energy consumed or used by crypto mining operations that use proof-of-work authentication methods.According to the state, this pause will afford it time to study the environmental and energy impact of crypto mining further.As 2023 approaches, we can expect other states to legislate on the issue of crypto energy use in ways that either promote or dissuade mining activities.
Dan H.
Renberg also contributed to this article..