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EPA Issues Notice of Intent to Conduct an EIS for the Proposed Reissuance of CAFO General Permits for Oklahoma and New Mexico

Client Alert | 1 min read | 05.18.06

EPA's Region 6 Office in Dallas announced this week that it intends to prepare a full environmental impact statement (EIS) in connection with the NPDES general permit now being developed for CAFOs. The general permit, which has not yet been formally proposed, will implement EPA's revised NPDES rules for CAFOs issued in February 2003. Although Region 6 covers five states (Louisiana, Arkansas, Oklahoma, Texas and New Mexico) the new general permit will be directly applicable only to CAFOs within Oklahoma and New Mexico — the other states in the Region will issue CAFO NPDES permits themselves. Some have questioned the reasons for preparing an EIS because NPDES permits are exempt from EIS analysis except federal permits for “new sources.” But Region 6 reasons that an EIS makes sense given the large number of CAFOs already in existence. An EIS is not required when a state issues an NPDES permit, so most CAFO NPDES permits will not be subject to the EIS process. The scope of the Region 6 EIS will be decided at meetings to be held in Oklahoma City on June 22 and Las Cruces, N.M. on June 24. Click here for the full text of EPA's May 18 Federal Register notice.

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Client Alert | 8 min read | 09.09.25

FTC Stops Defending Rule Banning Noncompete Agreements, Opting Instead for “Aggressive” Case-by-Case Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”...