Legal News for Weds 11/27 - NLRB Leadership Reshuffles, Judges Push for More Judgeships, DOJ Lawyers Move to Private Sector and Bitcoin's Climate Toll

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This Day in Legal History: Nixon Signs the EPAA

On November 27, 1973, President Richard Nixon signed the Emergency Petroleum Allocation Act (EPAA) into law, marking a pivotal response to the ongoing energy crisis of the 1970s. The legislation granted the federal government broad authority to regulate the production, pricing, allocation, and marketing of petroleum products. This measure aimed to mitigate the economic and social impact of the oil embargo imposed by the Organization of Arab Petroleum Exporting Countries (OAPEC) in October 1973, which had caused fuel shortages and skyrocketing prices across the United States.

The Act empowered the President to implement controls to ensure equitable distribution of petroleum products and prevent market manipulation. It also sought to stabilize supply chains and shield vulnerable populations and industries from the crisis's worst effects. By imposing these controls, the government could prioritize essential services such as transportation and heating, while discouraging hoarding and price gouging.

While the EPAA provided temporary relief, it also sparked debate over federal intervention in the energy market. Critics argued that the price controls disincentivized domestic oil production and exacerbated supply issues in the long term. Proponents, however, viewed the Act as a necessary step to maintain public order and economic stability during an unprecedented crisis.

The EPAA highlighted the growing importance of energy policy in national security and economic planning, influencing future legislation like the Energy Policy and Conservation Act of 1975. It underscored the vulnerability of the U.S. economy to international energy dynamics and the need for a comprehensive energy strategy. This legislation remains a key moment in the history of U.S. responses to energy challenges.

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has reorganized senior leadership, likely to shield her top deputy, Peter Sung Ohr, from dismissal when President-elect Donald Trump assumes office. Ohr, who has served as Abruzzo’s deputy general counsel, will now lead the enforcement litigation division. Jessica Rutter, previously an associate general counsel, has been promoted to deputy general counsel.

Trump is expected to follow precedent by firing Abruzzo upon taking office, as Biden dismissed Trump-appointed General Counsel Peter Robb on his first day in 2021. At that time, Robb's deputy, Alice Stock, briefly served as acting general counsel before Biden replaced her with Ohr, a longtime NLRB attorney. Ohr, with nearly 30 years of experience at the agency, had been regional director in Chicago before joining Abruzzo’s leadership team in 2021.

Abruzzo praised Ohr as an exemplary public servant, emphasizing his expertise and dedication to the NLRB’s mission. Meanwhile, Rutter, who has experience with the American Federation of Teachers and joined the agency in 2021, will assume her new role alongside Ohr as the NLRB prepares for likely leadership changes under Trump’s administration.

Labor Board Deputies Shuffled in Shadow of Awaited Trump Changes

Federal judges recently took the unusual step of visiting Capitol Hill to advocate for a bill (S. 4199) that would expand the judiciary by adding over 60 district court judgeships for the first time in decades. Judges Timothy Corrigan, Troy Nunley, and Randy Crane met with members of Congress and staff, emphasizing the urgent need to address the growing caseloads overwhelming federal courts, particularly in districts like California’s Eastern District and along the Southwest border.

The bill, which passed the Senate unanimously, proposes 63 permanent and three temporary judgeships distributed through 2035. The judiciary has not seen a broad expansion since 1990, leaving many courts struggling with excessive workloads, especially in high-demand areas like immigration and business litigation.

While judges typically avoid political discussions to maintain independence, they framed their advocacy as a structural necessity to ensure timely access to justice. Despite initial bipartisan support, some House Democrats have withdrawn backing since President-elect Donald Trump’s victory, with concerns about partisan implications.

House Judiciary Chair Jim Jordan aims to move the bill forward, questioning the sudden hesitation from Democrats who previously supported it. Judges also addressed specific concerns, such as judge-shopping in Texas, during meetings with both Democratic and Republican representatives. The bill faces a tight timeline, with only three weeks left in the legislative calendar before the new Republican-majority Congress takes office in January.

US Judges Make Unusual Hill Push for Bill on Overwhelmed Courts

Career government lawyers are increasingly seeking private-sector jobs ahead of President-elect Donald Trump’s second term, driven by fears of significant budget cuts and job uncertainty. While political appointees typically leave during transitions, legal recruiters report a sharp rise in interest from lower-level, career attorneys. The shift is particularly notable among attorneys in the Justice Department and other federal agencies, reflecting concerns about Trump’s stated goals to streamline the government and eliminate departments like Education.

Trump has appointed Elon Musk and Vivek Ramaswamy to lead an unofficial Department of Government Efficiency, signaling potential regulatory rollbacks and workforce reductions. Though, it should be noted, he did appoint two heads to the department tasked with ferreting out inefficiencies–so it remains to be seen how effective this unofficial department will be. Legal experts note that while senior attorneys often transition easily to law firms or corporate roles, junior lawyers with specialized government experience may struggle in Washington’s competitive private legal market.

Trump’s nominee for attorney general, Pam Bondi, has pledged to scrutinize prosecutions conducted under the Biden administration, intensifying tensions between the executive branch and career government lawyers. Despite fears, former officials like Rod Rosenstein emphasize that much of the federal legal system’s work continues largely unaffected by political changes. The exodus highlights the broader challenges of balancing government service with career stability under shifting administrations.

Trump's budget plans push US government lawyers to private sector | Reuters

In a piece I wrote for Forbes yesterday, the recent surge in Bitcoin's value, driven partly by shifting political dynamics, has spotlighted the cryptocurrency's environmental impact. Bitcoin mining demands vast amounts of electricity, sometimes exceeding the annual consumption of entire nations, with much of this energy coming from fossil fuels. This reliance contributes to air pollution and climate change, externalizing significant costs onto society. Current electricity prices do not fully reflect these environmental tolls, leaving the public to shoulder the broader consequences.

Globally, momentum is building for a crypto tax to address these issues. The Global Solidarity Levies Task Force, led by countries like Kenya and France, has proposed taxing electricity used in mining, setting an example with a suggested rate of $0.045 per kilowatt-hour. Such measures could generate billions annually while encouraging miners to adopt more sustainable practices, such as renewable energy or energy-efficient technologies.

In the U.S., a proposed 30% tax on mining electricity under the Biden administration faced political challenges, particularly as the incoming Trump administration is expected to oppose such measures. Still, a domestic crypto tax could reduce emissions, promote greener technologies, and align mining with fiscal and environmental justice principles. The U.S. has an opportunity to lead globally by demonstrating a commitment to sustainability in a rapidly growing and underregulated industry.

Why The U.S. Needs A Crypto Tax To Combat Bitcoin’s Environmental Toll

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