On July 30, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a ruling affirming the district court’s dismissal of an action brought by the City and County of San Francisco against the U.S. Department of Transportation (DOT) and its administering Agency, the Pipeline & Hazardous Materials Safety Administration…
The Washington State Department of Labor & Industries recently confirmed that has been some confusion voiced about when the term “associated” in the phrase “associated Class 2 low voltage wiring,” added in recent revisions to the scope of work for Class B labels in W.A.C. § 296-46B-908, applies to the low voltage cable. …
Virginia Senate Bill 891 amends Section 43-3 of the Code of Virginia and add Section 11-4.1:1 to protect subcontractors (defined in Section 43-1 as “contractors, laborers, mechanics, and persons furnishing materials, who do not contract with the owner but with the general contractor”), lower-tier subcontractors and material suppliers. Subdivision (c) of…
In Organized Village of Kake, et al. v. U.S. Department of Agriculture, et al., decided July 29, 2015, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reinstated the Department of Agriculture’s (Department) 2001 “Roadless Rule”, which limits timber harvesting in the natural forests under…
This is Part VII of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: B. Texas State Court of Appeals On June 1, 2015, the Court of Appeals for the Seventh District sitting in Amarillo issued a ruling reversing the grant…
Anyone having a business relationship with the U.S. Government who believes the Government or one of its representatives has acted, or failed to act in such a manner as to cause harm, should be aware of the restrictions placed on governmental liability by the Federal Tort Claims Act, especially the…
This is Part VI of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: M. U.S. Court of Federal Claims Wetlands mitigation banking agreements are subject to the rules of the U.S. Army Corps of Engineers; they can serve a useful…
This is Part V of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: K. Tenth Circuit 1. Court of Appeals In an important decision released on May 29, 2015, the U.S. Court of Appeals for the Tenth Circuit rejected the…
State legislation imposing economic conditions that may have an extraterritorial impact outside the state is not, for that reason alone, invalid under the Commerce Clause. Unless the state legislation somehow discriminates in favor of in-state commerce or imposes a significant burden on interstate commerce, it will not be held invalid…
This is Part IV of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: J. Ninth Circuit In the case of Association of Irritated Residents v. EPA, et al., decided June 23, 2015, the U.S. Court of Appeals for the Ninth…