In a decision of first impression interpreting the meaning of “operating” under the Oil Pollution Act of 1990 (“OPA,” 33 U.S.C. §§2701 et seq.), the U.S. Fifth Circuit held the owner and operator of a tugboat liable as the “responsible party” for a spill emanating from a tank barge in its tow, and consequently
U.S. Supreme Court Rules that Agencies are Free to Change Interpretive Rules Without Notice and Comment
On Monday, March 9, 2015, the U.S. Supreme Court ruled that federal agencies do not have to follow notice-and-comment rulemaking procedures when changing interpretations of rules. This decision gives federal agencies, including the Equal Employment Opportunity Commission and the National Labor Relations Board, wide latitude to change interpretive rules without first notifying the public of