Briefly Legal

On June 30, 2022, the U.S. Supreme Court ruled in a 6-3 opinion that Congress did not give the EPA authority to set greenhouse gas emissions standards for existing power plants under Section 111(d) of the Clean Air Act (CAA). Energy, Environment & Natural Resources Practice Group member Donald K. Shandy returns to Briefly Legal to discuss the Court’s ruling and its application of the Major Questions Doctrine to limit EPA’s regulatory authority. He also discusses what the ruling means for administrative agency power more broadly, and the scenarios in which EPA can still regulate emissions under other sections of the CAA. 

About Donald K. Shandy 

Additional Resources: West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power

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On June 15, the United States Environmental Protection Agency (EPA) issued updated drinking water health advisory levels for four specific types of per- and polyfluoroalkyl substances (PFAS). Based on current analytical methods, the health advisory levels for two of these PFAS are below the level of detection and quantitation, and thus present certain difficulties to the regulated community. While the updated health advisories are intended to act as guidance and are not enforceable regulations, they send a strong signal that EPA intends to continue moving forward with the regulation of PFAS under the Safe Drinking Water Act and other federal environmental statutes. Join Energy, Environment & Natural Resources Practice Group member Tim Sowecke as he discusses the significance of the updated health advisory levels on the public and regulated community and how it fits into EPA’s broader strategy to regulate PFAS. 

About Tim Sowecke

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Have you ever wondered what daily life is like for a summer associate at a law firm? Briefly Legal host Adam W. Childers welcomes 2022 summer associate class members Mylon Smith and Jill Hilton to the Crowe's Nest to discuss their busy six weeks as interns. Adam, Mylon and Jill discuss writing their first legal briefs, to attending late night karaoke happy hours, and even provide practical guidance for businesses wanting to start their own summer internship programs.

About Crowe & Dunlevy's Summer Associate Program

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Last year, on November 1, 2021, the new Oklahoma Uniform Durable Power of Attorney Act took effect, inadvertently repealing the Oklahoma statutory provisions that authorized executing a durable power of attorney for the purpose of making healthcare decisions. Six months later, those provisions have been reinstated through the creation of the Oklahoma Health Care Agent Act. Healthcare Practice Group member Maggie K. Martin explains the key elements of the Act related to patients and providers alike, and discusses the role she played in helping to draft the bill’s language.  

About Maggie K. Martin  

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As we inch closer to the second anniversary of the U.S. Supreme Court’s landmark ruling in McGirt v. Oklahoma, issues regarding tribal, federal and state jurisdiction continue to make headlines. Indian Law & Gaming Practice Group member Greg Buzzard and Taxation Practice Group member Jeffery D. Trevillion Jr. examine a recent administrative law judge’s ruling in favor of tax immunity for tribal citizen Alicia Stroble and discuss the implications for state income tax revenue if the ruling is ultimately upheld.

About Greg Buzzard and Jeffery D. Trevillion Jr.

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When it comes to cybersecurity, most of us don’t know as much as we would like on how our personal data is secured and kept private. New threats arise as new technologies, such as cryptocurrency, emerge on a daily basis. To help our listeners better understand these issues, Cybersecurity & Data Privacy Practice Group members Anthony Hendricks and Drew Palmer join our Briefly Legal podcast for a discussion on the history of cyberattacks and their progression over the last decade, and the motivation behind newly proposed federal legislation intended to regulate business’ cybersecurity policies. 

About Anthony Hendricks and Drew Palmer 

Additional Resources:
Subscribe to our Cyber News Alert Service
Nothing About You Says Computer Technology podcast
Cryptocurrency to Affect Monetary Policy

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The Briefly Legal team recently packed up the Crowe’s nest and took a field trip to the Hard Rock Hotel and Casino Tulsa in Catoosa, OK for the Innovate 2022 OKHR Conference & Expo. With our studio set up in the vendor hall, Labor & Employment Practice Group Chair and podcast host Adam Childers met with conference staff, alumni, and first-timers to discuss all things OKHR and how it felt to return to the event in-person. What follows is a series of live interviews starting with the 2022 Crowe & Dunlevy Award of Excellence winners Kyle Killingsworth and Tara Crowley, followed by student Deb Thornton and conference alumna Marla Mann, and ending on a high note with OKHR Past State Director Mike Shaw.  

Additional Resources: Innovate OKHR 2022 Conference & Expo On Demand 

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Pending before the U.S. Supreme Court, West Virginia v. EPA focuses on the Obama administration’s Clean Power Plan (CPP), which sparked controversy when promulgated in 2015 for using generation shifting measures. Energy, Environment & Natural Resources Practice Group members Alyssa Gillette and Donald K. Shandy discuss the procedural background of the case regarding the Environmental Protection Agency’s power to govern CO2 emissions from existing power plants by using “outside-the-fenceline” measures, and touch on the implications a ruling could have on agency power more broadly. 

About Alyssa Gillette and Donald K. Shandy 

Additional Resources: Gavel to Gavel: Case Could Affect Agency Jurisdiction 

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Oklahoma Human Resources State Council (OKHR) Director Heidi Hartman joins the podcast for a preview of the upcoming Innovate OKHR 2022 Conference & Expo at the Hard Rock Hotel and Casino, April 4-7, 2022. Heidi discusses many of the breakout sessions and keynote speakers tailored specifically for innovative HR professionals, and touches on all the great events the conference has to offer. As the Premier Presenting Sponsor, our Labor & Employment Practice Group members are prepared to present the latest developments in employment law. Visit us at booth 10-11 in the expo hall for great prizes as well as a chance to be a part of Briefly Legal. 

About Heidi Hartman 

Register for the 2022 OKHR Conference & Expo 

Since State Question 788 was introduced in 2018, nearly 400,000 patient and commercial licenses have been issued across the state of Oklahoma for either the consumption or distribution of medical cannabis. While revenue from the cannabis industry has steadily increased, federal legislation to provide banking services to cannabis businesses, such as the SAFE Banking Act of 2021, has stalled in Congress. Attorneys Joel W. Harmon and Zane Anderson discuss the approaches banks are taking to comply with federal banking regulations and lay out the best practices for businesses wanting to enter the competitive cannabis market in Oklahoma. 

About Joel W. Harmon and Zane Anderson 

Since 2017, more than 50 percent of all charges filed with the Equal Employment Opportunity Commission (EEOC) and state-law equivalent agencies involved claims of alleged retaliation in the workplace. In an effort to stamp out all types of workplace retaliation, the EEOC, National Labor Relations Board and U.S. Department of Labor announced plans to work collaboratively and developed a memoranda of understanding to help promote and protect workers’ rights, potentially exposing employers to the risk of increased liability for workplace violations. Labor & Employment Practice Group Chair Adam W. Childers and attorney Jaycee Booth explain and detail best practices for employers to prepare for these big changes.

About Jaycee Booth

In July 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, in which it held the Muscogee (Creek) Nation was never disestablished by Congress and therefore remains “Indian country” under federal law for purposes of criminal jurisdiction. At the time, Chief Justice Roberts wrote in his dissent that the decision had the potential to create “significant uncertainty” regarding environmental regulation in Oklahoma. The U.S. Environmental Protection Agency (EPA) entered the fray last month when it issued a notice and request for comment concerning the reconsideration of its October 2020 confirmation of Oklahoma’s EPA-approved environmental regulatory programs. Energy, Environment & Natural Resources Practice Group member Tim Sowecke discusses the history of federal environmental regulations between states and tribes, including the “Midnight Rider” provision that was inserted into a 2005 transportation bill, and provides clarity on what stakeholders and the business community can expect when trying to alleviate the uncertainty surrounding McGirt and its impact on Oklahoma’s environmental regulations.

About Tim Sowecke

Crowe & Dunlevy attorneys Michael W. Bowling and Maggie K. Martin weigh in on the Centers for Medicare and Medicaid Services' (CMS) vaccine mandate and what's required of nearly 10 million healthcare workers and 76,000 healthcare facilities nationwide. Today's guests go over details that policies and procedures should cover, new compliance deadlines and recommended best practices for managing medical and religious exemptions. We also discuss CMS's tiered approach for facilities to reach 100% compliance and answer tough questions on how to handle employees and patients with complaints and concerns regarding mandate requirements.

About Michael W. Bowling and Maggie K. Martin

On Friday, Jan. 7, 2022, the U.S. Supreme Court heard oral arguments regarding the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) that went into effect Monday, Jan. 10, as well as the Center for Medicare and Medicaid Services (CMS) vaccine and testing mandate. Host Adam W. Childers joins fellow Labor & Employment Practice Group attorneys Allen L. Hutson and Katie Campbell to discuss the background and journey that led the ETS and CMS to the steps of the highest court in the nation. The group shares insight on the nine judges’ reactions to Friday’s arguments and  predictions on the pending SCOTUS decision while also discussing what employers should do while awaiting the ruling.

About Allen L. Hutson and Katie Campbell

Despite historically low unemployment rates across of the U.S., some employers are struggling to find the right talent and keep employees after they’re hired. We’re glad to be joined by Liz Brolick, General Manager of Tulsa-based ProRecruiters, who brings more than 20 years of staffing and recruiting experience to our conversation. In this episode, we discuss potential solutions for companies to consider concerning salaries, workplace flexibility and employee investment, and we’ll also learn what employers should understand about today’s workforce in order to succeed in this challenging area.

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Eight weeks after President Biden announced a federal vaccine mandate to help curb the transmission of COVID-19 in the U.S. workplace, the Occupational Safety and Health Administration has now issued an Emergency Temporary Standard (ETS) for employers with at least 100 employees. Labor & Employment Practice Group attorney Mary P. Snyder highlights important takeaways, fast-approaching deadlines and action items that employers should pay attention to in order to comply with the ETS.  

About: Mary P. Snyder

Additional Resources: OSHA Issues Long-Awaited COVID-19 Vaccine and Testing Rules for Private Employers, CMS Issues Mandatory COVID-19 Vaccination Regulations for Healthcare Facilities 

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Whether it’s a medical emergency or terminal disease, decisions pertaining to one’s health—especially in end-of-life situations—can be some of the most difficult to make. In some cases, patients rely on an appointed individual to make those decisions for them. On November 1, 2021, House Bill 2548 will go into effect, specifically removing an individual’s ability to execute a durable power of attorney for healthcare purposes. Healthcare Practice Group member Maggie K. Martin discusses key provisions repealed by the new legislation and the limited options that Oklahoma residents can utilize in place of the durable power of attorney.

About Maggie K. Martin

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Not long ago, most college football games were not televised. That was until the U.S. Supreme Court struck down the National Collegiate Athletic Association’s (NCAA) television monopoly in NCAA v. Board of Regents of the University of Oklahoma. One of the individuals responsible for that landmark decision was Crowe & Dunlevy Antitrust attorney and former Dean of the University of Oklahoma College of Law, Andrew M. Coats. Andy discusses what it was like successfully arguing before the Supreme Court for his alma mater as well as the University of Georgia, the lasting impact of the case on college sports and the only time in his career that he’s been speechless—when the University of Oklahoma named its law school after him.  

About Andrew M. Coats

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For most people, the knee jerk response to taking someone else’s private property for any reason is that it’s wrong. However, the legal concept of a government’s right to expropriate private property for public use, also known as eminent domain, is a little more nuanced. Energy, Environment & Natural Resources Practice Group member Tim Sowecke navigates through Latin phrases, constitutional amendments and a story about a little pink house that sparked a fiery dissent from U.S. Supreme Court Justice Thomas, to explain the background of eminent domain and how it may even offer a tool to expand America’s infrastructure.

About Tim Sowecke

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Litigator and Crowe & Dunlevy Pro Bono Co-Coordinator Aimee Majoue shares her experience and perspective regarding the expungement of criminal records. In this episode, Aimee discusses an array of instances when this type of proceeding may be useful, the procedure for pursuing an expungement and how the successful result of the process can open new doors for individuals and companies alike.

About Aimee Majoue

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