RegAlytics Weekly Alerts – 7.6.2022


RegAlytics Weekly Alerts – 7.6.2022

With your update on this week’s 7,254 regulatory alerts.

SCOTUS: WV v. EPA

The Regulator of the Supreme Court of the United States, which, uh -- raised eyebrows – with a few rulings.?From siding with pro-life parties as well as scaling back powers of the EPA, we had an explosion of responses from Governors and agencies from practically every state with a statement of support or opposition

Attorney General Tong Statement on Supreme Court Decision in West Virginia v. EPA

Statement by Brian Frosh, Maryland Attorney General, Following Supreme Court Decision in West Virginia v. EPA

Attorney General James Issues Statement on SCOTUS Decision Limiting EPA Authority to Regulate Power Plant Emissions

Pennsylvania Department of Environmental Protection Statement on WV V. EPA SCOTUS Decision

Attorney General Alan Wilson Thanks Supreme Court for Upholding Constitution on EPA Ruling

Statement by Jim Justice, Governor of West Virigina: U.S. Supreme Court Ruling in Major Climate Case

Attorney General Bonta Issues Statement on Supreme Court Decision in West Virginia v. EPA

Brown Blasts the Supreme Court’s Decision in West Virginia v. EPA

Statement by Betty T. Yee, California State Controller: SCOTUS WV v. EPA Ruling

Statement from Scott Glenn, Hawaii Chief Energy Officer on U.S. Supreme Court Ruling in the W. Virginia v Environmental Protection Agency (EPA) case

Statement by Suzanne Case, Co-Chair of DLNR and State Climate Commission: Supreme Court Ruling

Governor Mills Blasts Supreme Court's Decision to Undermine Nation's Fight Against Climate Change

Statement by Terry Gray, Director, Rhode Island Department of Environmental Management: U.S. Supreme Court’s West Virginia Versus EPA Decision

Statement by Nancy Pelosi, Speaker, United States House of Representatives: Supreme Court’s Pro-Pollution Ruling

Justice Department Announces Investigation of New York City Police Department's Special Victims Division

Statement by Joe Biden Jr., President of the United States: Supreme Court Ruling on West Virginia V. Epa

Statement by Gavin Newsom, Governor of California: Supreme Court Ruling on West Virginia Versus EPA

Statement by Jared Polis, Colorado Governor: the Supreme Court decision in the case West Virginia v. EPA.

Statement by Ned Lamont, Governor of Connecticut: U.S. Supreme Court Decision in West Virginia v. EPA

Statement by Kathy Jennings, Delaware Attorney General: Supreme Court’s Climate Ruling

Statement by David Ige, Governor: Supreme Court’s W. Virginia v EPA Ruling

Statement by Michelle Lujan Grisham, Governor of New Mexico: U.S. Supreme Court Ruling on EPA Authority

SEC: EY $100M for CPA Exam Cheating!

Which is highly related to our topic of the week: enforcement.

Some enforcement is fun because it's scandalous, like the $100 million fine graciously given to our friends at Earnst & Young for a massive CPA exam cheating scandal that the SEC was not pleased to see. At all.

Ernst & Young to Pay $100 Million Penalty for Employees Cheating on CPA Ethics Exams and Misleading Investigation

PCAOB: Auditing the Auditors

The PCAOB – Public Company Account Oversight Board also put out a rule change in relation to auditing the auditors.

Notice of Filing of Proposed Rules on Planning and Supervision of Audits Involving Other Auditors and Dividing Responsibility for the Audit with Another Accounting Firm: Public Company Accounting Oversight Board

SEC: Two Bitcoin ETFs Denied

Some enforcement is cutting edge like the SECs disapproval of two applications for bitcoin ETFs this week. ?They are slowly but surely shaping the rules and regulations around these new areas as the novel concepts work their way through the regulatory process.

Order Disapproving a Proposed Rule Change to List and Trade Shares of the Bitwise Bitcoin ETP Trust under NYSE Arca Rule 8.201-E (Commodity-Based Trust Shares)

Order Disapproving a Proposed Rule Change, as Modified by Amendment No. 1, to List and Trade Shares of Grayscale Bitcoin Trust under NYSE Arca Rule 8.201-E (Commodity-Based Trust Shares)

CFTC: Interactive Brokers $1M Supervision Fails

Some is traditional, like the $1M CFTC fine for Interactive Brokers because they were mischarging customers by a slight amount that added up and needed to be corrected.

CFTC Orders Interactive Brokers LLC to Pay Over $1 Million for Supervision Failures

DOJ: Blocked Booze Allen Acquisition

Or the Justice Department blocking Booz Allen Hamilton's proposed acquisition of Everwatch because it would have a total monopoly on a special NSA defense contract.

Justice Department Sues to Block Booz Allen Hamilton's Proposed Acquisition of Everwatch

FTC: Walmart is a Financial Institution!

But then there’s enforcement that comes out like a bull horn, announcing to other regulators, “Hey – there is a problem here” which is the case with Walmart, who is in deep water with the FTC for looking away in relation to money transfer services. Walmart acts as an agent for multiple money transfer services without taking responsibility to the egregious amount fraud happening there and the FTC observed in its complaint that, in addition to its retail business, Walmart runs a thriving operation as a financial services provider. Oh CFPB! Got any thoughts on that?

FTC Alleges Fraudsters Used Walmart’s Money Transfer Services to Bilk Consumers – While Walmart Looked the Other Way

SEC: CCO Banned from Compliance

And then there’s enforcement that’s personal. This week the SEC went after a guy who served as a chief compliance officer and either “known or should have known” that the firm’s reps were supposed to be disclosing outside business activities but whoopsies didn’t have a process for that. The fine is only $15K – certainly an unpleasant amount for an ordinary person with a job – but he is now banned for 5 years from being a compliance officer for a financial institution. Hester Pierce had some words about this because you don’t want to scare high-quality people away from the task of compliance plus you don’t want companies to believe they can just scapegoat the compliance officer, but in this one case, she thought it was the right thing to do.

Order Instituting Administrative and Cease-And-Desist Proceedings, Making Findings, and Imposing Remedial Sanctions and a Cease-And-Desist Order: Hamilton Investment Counsel, LLC and Jeffrey Kirkpatrick

Statement by Hester Peirce, Commissioner, Securities and Exchange Commission: Hamilton Investment Counsel LLC and Jeffrey Kirkpatrick

CFPB: Rescinds Sandbox Treatment for another FinTech

Then there’s enforcement where the party is actually asking the regulator to do it, as in the case of the CFPB rescinding special regulatory treatment for another fintech in their sandbox.?The fintech wanted to change its pricing strategies and asked to be regulated like the “big boys” so it could do so.

CFPB Rescinds Special Regulatory Treatment for Payactiv

Fed: Pushing for FinTech Investigation

Speaking of FinTechs, Pat Toomey is still sniffing at the Fed trying to understand how a well-connected fintech was granted access to its systems, mostly because he doesn’t like that one of the executives at the fintech was nominated for a role at the Fed.

Toomey, Scott, Tillis, and Lummis Blast Kansas City Fed for Again Stonewalling Congress on Master Account Process

NY AG: Going after the NY PD

Then there is enforcement where regulators go after regulators, as in the case of the Justice Department’s investigation of the NY City Police Department’s Special Victim’s Unit for its inconsistent treatment of sexual assault victims.

Justice Department Announces Investigation of New York City Police Department's Special Victims Division

Justice Department Announces Investigation of New York City Police Department’s Special Victims Division

ID: Debt Collectors May Now Contact Consumers by E-mail, Text, and Social Media

Then there’s reluctant compliance, like that of Idaho which competes with South Dakota to be the least regulated state. Idaho had to follow a new CFPB rule, which means they had to unearth a 40-year-old law on their books and fix it. So now you can’t escape to Idaho because debt collectors can hunt you down via social media apps, text, and other non-traditional channels.

Debt Collectors May Now Contact Consumers by E-mail, Text, and Social Media

SD: Critical Race Theory Banned

Then there’s just plain regulatory hypocrisy. Idaho’s regulating-hating cousin, South Dakota, is celebrating the enaction of their Critical Race Theory ban on education.

College CRT Ban Becoming Law

CA: Equal Protection

But in the same week, California proposed a new rule that expands equal protection rights under the law including all reproductive statuses and this applies to every human and company operating in California.

CA: Equal Protection

NJ: Loan Redemption for Behavior Healthcare Provider

So if that polarized state of our country depresses you, and you happen to live in NJ, take comfort in a new bill NJ is introducing that helps behavioral therapists in mental health pay back their loans.?This way you can be counseled through the stress.

General Assembly Bill A4399: Establishes Behavioral Healthcare Provider Loan Redemption Program Within Higher Education Student Assistance Authority (2022-2023 Regular Session)

Basel: Prudential Treatment of Crypto

Last few. If you’re into crypto, the Basel Committee on Banking Supervision issued a second public consultation on the prudential treatment of banks' cryptoasset exposures.

Basel Committee Publishes Second Consultation Document on the Prudential Treatment of Banks’ Cryptoasset Exposures

Malaysia Central Bank: Climate Risk Stress Testing

The Central Bank of Malaysia proposed a framework for the industry-wide climate risk stress testing (CRST) exercise due in 2024.

Discussion Paper on the 2024 Climate Risk Stress Testing Exercise

White House: Health Care Green House Gas Reduction

The White House announced this week that 61 of the largest U.S. hospital and health sector companies have signed on to the Health Sector Climate Pledge, committing to reduce greenhouse gas emissions 50% by 2030.

Fact Sheet: Health Sector Leaders Join Biden Administration's Pledge to Reduce Greenhouse Gas Emissions 50% by 2030

IL: E-Vehicle Rebates

And finally, if you are in Illinois, the Illinois EPA has announced the opening of the electric vehicle rebate program!

Pritzker Administration Announces Opening of Electric Vehicle Rebate Program for Illinois Residents

You Need a Plan For Regulatory Change!

And that’s it this week for RegAlytics. We have the most comprehensive, coherent, and customizable regulatory alerts tool in the world. Come and see how company after company is transforming their compliance with this kind of transparency. See you next Wednesday!

www.RegAlytics.ai

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