Chicago

Since January 20, 2025, the Trump Administration has implemented numerous changes to federal environmental justice (“EJ”) initiatives which are expected to result in reduced permitting and regulatory burdens. While the current administration may continue to make changes to EJ policies on a federal level, it is important to know that many states still have their own EJ policies that remain enforceable. This insight discusses the following three things: provides the necessary historical context regarding EJ; outlines the recent actions by the Trump Administration; and explores some state regulations and potential ramifications for your business. It is vital for your business to stay current with these developments and to consult with legal counsel before making any changes to your operations based on the current administration's actions.

On December 4, 2024, the Commodity Futures Trading Commission (“CFTC”) released its enforcement results for Fiscal Year 2024 (“FY 2024”), showcasing record awards of monetary relief totaling more than $17.2 billion.The historic awards reflect the agency’s continued pursuit of misconduct charged in enforcement actions filed in FY 2023 in the digital asset space along with enforcement actions against traditional financial services firms and commodity trading houses. The CFTC’s FY 2024 robust enforcement efforts featured a focus on intermediaries, emphasizing the importance of proper registration and compliance by entities facilitating derivative transactions. Enforcement against repeat offenders intensified, reflecting a strategy of escalating penalties to deter recidivism and safeguard market integrity. Additionally, the agency expanded its attention to environmental fraud, bringing its first enforcement cases involving fraud in the voluntary carbon markets.

Last week, the National Labor Relations Board’s General Counsel Jennifer A. Abruzzo (the “GC”) announced her position that “stay-or-pay” provisions in employment agreements are unlawful under the National Labor Relations Act (the “NLRA”). The GC also reiterated and built on an earlier memo in which she took the position that almost all non-competes are similarly unlawful under the NLRA because they infringe on “Section 7” rights (which include the right to union and engage in other “protected concerted activity”). Employers—even if “non-union”—should consider the following questions.

What does the future hold in the UK and the US for whistleblower protection and incentivisation?