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Go Ahead and Offer the Senator a Cup of Coffee - Senate Gift Rules Don't Require You to Be Rude, Just Stingy

Client Alert | 1 min read | 02.21.08

Guidance issued earlier this month by the Senate Select Committee on Ethics clarifies that, under the exception for items of little intrinsic value (Rule 35.1(c)(23)), baseball caps, T-shirts, and greeting cards may be accepted by Senators and staff members so long as they have a “reasonable value,” even if worth more than $10.00. The exception also encompasses all other non-perishables, food, flowers, and other perishables that are “brought, sent or delivered” to the Senator’s office and “are not taken as part of a meal,” so long as their value, in the aggregate, does not exceed $10.00. The new guidance also clarifies that the exception for “[f]ood or refreshments of nominal value offered other than as part of a meal” (Rule 35.1(c)(22)) includes hors d’oeuvres, drinks, or a continental-style breakfast served at a reception, briefing, organized event, media interview, or other appearance where such items are commonly provided. (The new guidance fails to clarify one’s obligations, however, if the profile of a reception calls for caviar and high-priced champagne.) These exceptions are of particular importance for organizations that employ or retain lobbyists. Under HLOGA congressional members and staff generally are prohibited from accepting items of value from such entities. To view the new guidance go to http://ethics.senate.gov/.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....