The Texas Supreme Court issued two significant rulings on June 12, 2015. In the case of Dacus, et al v. Annise Parker, et al., the Court reversed the judgment of the Court of Appeals of the Fourteenth Circuit, and held that the 2010 proposed amendment to the Houston City Charter,…
Gravel2Gavel Construction & Real Estate Law Blog
9th Cir. Affirms Dismissal of Challenges to Oil Spill Response Plans for Offshore Drilling Off the Coast of Alaska
In a decision released on June 11, 2015, the U.S. Court of Appeals for the Ninth Circuit, by a 2 to 1 decision, affirmed the lower court’s grant of summary judgments in favor of the Department of the Interior, the Bureau of Safety and Environmental Enforcement (the Bureau) and two…
California Department of Insurance and Other Agencies Continue Efforts to Crack Down on “Thriving Underground Economy”
In late May, the California Department of Insurance (CDI) issued a press release announcing that it was involved in a multi-agency team that conducted a statewide outreach and enforcement effort targeting what it describes as a “thriving underground economy.” The enforcements teams included the Department of Industrial Relations, Contractors State…
8th Circ. Upholds Enforcement of Section 327.13 (Explosives, firearms, other weapons and fireworks)
In the case of GeorgiaCarry.Org, Inc., et al., v. U.S. Army Corps of Engineers, decided June 9, 2015, the Eleventh Circuit Court of Appeals affirmed the decision of the lower court to deny a request for a preliminary injunction against the enforcement of the Corps’ regulation that prohibits loaded firearms…
California Amended Heat Illness Regulations Effective May 1
UPDATE: Cal/OSHA issued a high heat advisory today (June 16) advising employers to protect employees against the risks associated with heat illness. Temperatures are expected to be 15 to 25 degrees above normal in Southern California through Monday. California’s Heat Illness Prevention Regulation was amended effective May 1, 2015. This…
8th Cir. Upholds Revocation of Shoreline Use Permit
In the case if McClung v. Paul, decided June 8, 2015, the Eighth Circuit Court of Appeals affirmed the decision of the lower court that the District Corps Commander’s revocation of a federal permit to use the boat dock and concrete steps located on federal property adjacent to the McClungs’…
Texas State Appeals Court Reverses Grant of Summary Judgment to Energy Companies Sued for Alleged Nuisance and Trespass Claims
On June 1, 2015, in a case about the interplay between the right of individual property owners to seek redress for the diminution in value of their properties caused by light, noise, and airborne chemical particulates originating from the operation of adjacent regulated energy production facilities and the right of…
New Superfund Ruling: Texas Southern District Court Determines that Federal Government Shares Responsibility for Exxon’s War Production Waste Cleanup Costs
On June 4, 2015, U.S. District Judge Lee Rosenthal issued a long ruling, resolving a number of partial summary judgement motions filed in the case of Exxon Mobil Corporation v. United States. Exxon’s predecessors owned and operated large refineries located in Baytown, Texas and Baton Rouge, Louisiana (which are being…
Go Build Tennessee Act Signed by Governor
Tennessee House Bill 24 was signed into law by Tennessee Governor Bill Haslam on May 20, enacting the Go Build Tennessee Act. The Act amend Title 4 and title 62, Chapter 6 of the Tennessee Code, and creates the “Go Build Tennessee Program”. The Program will be administered by a…
California Bill Contemplates Tax Credit for Seismic Retrofit Construction on a Qualified Building
California Assembly Bill 428 (Nazarian) proposes to allow, for taxable years beginning on and after January 1, 2016, and before January 1, 2021, a tax credit in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for seismic retrofit construction on a qualified…