Our colleagues in the investment management practice have prepared a chart that summarizes the available relief provided by the US Securities and Exchange Commission, Financial Industry Regulatory Authority, Commodity Futures Trading Commission, and National Futures Association from certain regulatory requirements. The chart will be updated as relief changes during the coronavirus (COVID-19) pandemic.
Read our recent LawFlash discussing the Federal Energy Regulatory Commission’s (FERC) plan to assist regulated entities in managing enforcement- and compliance- related burdens during the ongoing coronavirus (COVID-19) pandemic, particularly FERC plan to exercise prosecutorial discretion regarding events arising during the pandemic.
The US Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA), revised on March 28, 2020, guidance it had previously provided to capture a broader array of workers, particularly in the energy sector. For workers who are considered essential, energy companies should consider issuing supporting paperwork for these claims.
In response to the US president’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, on March 20 the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice to operators stating that, effective immediately and until further notice or modification, PHMSA does not intend to take any enforcement action with respect to operator qualification (OQ) and control room management (CRM) requirements, and will consider exercising enforcement discretion regarding certain drug testing requirements.
An upcoming webinar on March 27 discussing the impact of the coronavirus (COVID-19) pandemic on shareholder activism, global financial markets, and market capitalizations may interest our energy clients.
Read our recent LawFlash detailing the criteria for essential critical infrastructure workers in the electricity, petroleum, and natural gas and propane industries, including the vendors and service providers to the energy industry, and consider whether to provide letters or notices identifying key personnel as essential critical infrastructure workers.
Functioning critical infrastructure is crucial during the response to the coronavirus (COVID-19) emergency for public health and safety reasons. And as noted in the Coronavirus Guidelines for America issued on March 16, US President Donald Trump has recommended that workers in critical infrastructure industries have a “special responsibility” to maintain normal work schedules. The Cybersecurity and Infrastructure Security Agency (CISA) on March 19 issued guidance on defining the Essential Critical Infrastructure Workforce. That guidance explicitly discusses workers in the nuclear and electric industries.