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Withholding ExemptionsKevin BrownEric Solomon
The Supreme Court complicated matters for environmental regulators — but also simplified matters for them — by striking down OSHA’s inadequately explained requirement that polluters reduce their emissions to the lowest technologically feasible levels they could afford. Conscientious regulation of no-safe-...
• To comply with the requirements to support withholding any responsive document or information as privileged or protected work product, a privilege log or equivalent document complying with Federal Rule of Civil Procedure 26(b)(5)(A)'s requirements must be produced for any documents, ...
43 This effectively makes state participation in the expansion voluntary because it limits the ability of the Secretary of HHS to enforce coverage of the expansion group through withholding of federal funds. At the same time, the Court's decision did not specifically affect, change, or limit any...