Acquiring adequate insurance coverage against environmental risks, in particular the spill or release of pollutants or contaminants in day-to-day operations, is important to many construction businesses confronting the requirements of environmental regulation. For example, EPA’s hazardous waste rules require permittees (at both the state and federal level) to demonstrate financial…
In Lacey Act Lessons from the Lumber Liquidators $13 Million Settlement, Pillsbury attorneys William Sullivan and Benjamin Cote explore the ramification of Lumber Liquidators’ agreement to plead guilty to five criminal charges, including one felony, stemming from its purchase and import of certain wood products through three separate Chinese suppliers. Among other things,…
Wondering if your company qualifies for a partial sales and use tax exemption on equipment purchases and leases? The California Contractors State License Board is inviting manufacturers, research & development companies, construction contractors, retailers of construction materials and everyone else to join it for a FREE webinar: Manufacturing and Research…
Some of the current Justices sitting on the U.S. Supreme Court have written that they are dissatisfied with the state of the law regarding the deference the courts must accord to a federal agency’s interpretation of its own regulations. A workplace safety case decided on October 13, 2015, by an…
The California Labor Commissioner now has more power to enforce minimum wage requirements and to collect payment for wage-related claims. California Governor Brown’s website confirmed Saturday that he has signed into law special provisions permitting the Labor Commissioner to, among other things, file a lien or levy on an employer’s property in order to assist…
On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit, in a split decision, stayed the implementation of the new rule redefining the regulatory definition of “waters of the United States” (the Rule), which is the linchpin of much of the federal government’s jurisdiction under the Clean…
Get ready wind, solar, biomass, and geothermal energy and transportation electrification contractors! On October 7, 2015, California Governor Jerry Brown signed into law the “Clean Energy and Pollution Reduction Act of 2015.” The objectives of the Act are: (1) to increase from 33% to 50% (by December 31, 2030), the procurement…
States that require a person that engages in work requiring a contractor’s or specialty contractor’s license generally include within their licensing law an express provision making it unlawful to advertise for work requiring a contractor’s license unless the person, in fact, is property licensed. Many states’ licensing laws also require a licensed contractor to…
The U.S. Court of Appeals for the Second Circuit has issued a ruling that EPA’s Clean Water Act (CWA) Vessel General Permit (VGP), which regulates the discharge of ballast water from ships, was promulgated in violation of the Administrative Procedure Act (APA), and must be remanded to the agency. The…
The U.S. District Court for the Southern District of West Virginia has ruled on the government’s motions to dismiss the plaintiffs’ constitutional arguments in a new Clean Water Act (CWA) administrative compliance order matter. The plaintiffs, West Virginia property developers, were alleged to have violated the CWA by illegally discharging…