On September 30, 2015, the U.S. District Court for Wyoming granted requests for a preliminary nationwide injunction against the implementation of the Department of the Interior’s (DOI) Bureau Of Land Management (BLM) rules that apply to hydraulic fracturing on Federal and Indian lands. The lead case is State of Wyoming v.…
The Washington State Building Code Council (SBCC) adopted an emergency rule, WAC 51-54A-3800, effective July 1, 2015, to specify requirements amending the International Fire Code dealing with marijuana processing and extraction facilities stemming from these facilities’ use of flammable and combustible liquids for the liquid extraction process. These rules, along with other…
The Washington State Department of Labor & Industries (L&I) has identified common corrections required by electrical inspectors. It reported that out of the 185,878 inspections made for electrical contractors last year 18% required corrections and re-inspections and, in its own words, “remarkably” 20% of all electrical contractors were responsible for 80% of the…
On September 29, 2015, the U.S. Court of Appeals for the DC Circuit issued a unanimous ruling affirming the district court’s rejection of a lawsuit filed by the Sierra Club against the U.S. Army Corps of Engineers in which the Sierra Club argued that the federal government was obliged to conduct a…
As a result of California Senate Bill (SB) 854, all contractors have been required since April 1, 2015, to register with the California Department of Industrial Relations (DIR) to be awarded a public works contract, even if the project did not go out to bid. A mandatory renewal deadline is approaching…
UPDATE: OSHA has extended its temporary enforcement policy through March 8, 2016, only for employers engaged in residential construction work. OSHA had extended the temporary enforcement policy through January 8, 2016. In response to industry participants’ request for an extension of the effective date of the Confined Spaces in Construction…
Pillsbury attorneys Julia Judish and Rebecca Rizzo have published their client alert titled The Changing Compensation Landscape for Government Contractors, New Executive Order Mandates Paid Sick Leave for Employees of Government Contractors, and Department of Labor Issues Final Rule on Contractor Pay Transparency. The Alert discusses (1) President Obama’s Executive Order issued on Labor Day…
The U.S. Army Corps of Engineers often exercises its Clean Water Act (CWA) Section 404 permitting authority through administrative “jurisdictional determinations”, in which the agency usually determines whether a proposed project involves the deposit or disposal of dredge and fill material into wetlands deemed to be “waters of the United…
On September 21, 2015, the U.S. Court of Appeals for the Seventh Circuit issued an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), cost recovery lawsuit ruling relating to a contractual release of liability that pre-dated CERCLA. The case is The Peoples Gas Light and Coke Company v. Beazer East, Inc.…
Pursuant to his authority under California Government Code § 8620, Governor Brown declared a state of emergency on September 11 in Amador and Calaveras Counties, and on September 13 for Lake and Napa Counties for the wildfires that started in early September. Contractors beware that Section 7028.16 of California’s Contractors’ State…