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The Tenth Circuit’s decision will likely make it more difficult to obtain summary judgment in oilfield contamination cases.

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Congress passed the Pregnant Workers Fairness Act (“PWFA”), which took effect on June 27, 2023, and applies to all employers with 15 or more employees. The EEOC issued proposed regulations in August 2023 and allowed public comment through October 11, 2023, with final regulations anticipated in late December 2023. As of the date of this alert, no final regulations have been published.

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This Alert addresses what this means for energy infrastructure in and around “wetlands.”

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This Alert highlights protective measures energy companies should consider.

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