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Gravel2Gavel Construction & Real Estate Law Blog

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House Small Business Bill Could Have a Large Impact on Small Businesses

Yesterday, we published our client alert titled House Small Business Bill Could Have a Large Impact on Small Businesses. The Alert discusses the House Small Business Committee’s recent approval of The Small Contractors Improve Competition Act of 2015 (H.R.1481) (“SCICA”). SCICA would amend the Small Business Act and the National…

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Is FOIA A Tool In Your Tool Belt? District Court Weighs In With Long Opinion On FOIA Obligations

The Freedom of Information Act, 5 U.S.C. § 552 (FOIA), is a federal law that allow for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. FOIA defines agency records that are subject to disclosure, outlines mandatory disclosure procedures and grants exemptions…

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TX Court of Appeals Issues Ruling re Environmental Indemnities

A state Court of Appeals sitting in Houston, Texas, on March 26, 2015, ruled that environmental indemnities, which were a component of an exchange of Louisiana oil and gas properties in 1994, could be enforced today by and against the corporate successors to the original companies that negotiated these provisions.…

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Note Cal/OSHAB’s Amended Personal Protective Devices and Safeguards Regulations

Effective April 1, 2015, employers are required to comply with the California Department of Industrial Relations, Occupational Safety & Health Standards Board’s amended Personal Protective Devices and Safeguards regulations. Among other amendments, Subdivision (d) of Sections 1514 (Construction Safety Orders) and 3380 (General Industry Safety Orders) of Title 8, Division…

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Ninth Circuit Sends District Court Back To The Drawing Board On Allocation Of Cleanup Costs

On April 2, 2015, the Ninth Circuit Court of Appeals decided a complex Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution cost recovery case in AmeriPride Services Inc. v. Texas Eastern Overseas Inc. (TEO), a dissolved Delaware corporation. The Ninth Circuit vacated this District Court’s rulings on several grounds.…

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Reminder: California Contractors Are Required To Register With DIR Before Bidding On Public Works Projects

The California Contractors State License Board (CSLB) recently issued a press release reminding California contractors that, beginning March 1, 2015, all contractors are required to register with the Department of Industrial Relations (DIR) in order to bid on public works projects and, on April 1, 2015, all contractors will be…

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State of Wyoming Challenges DOI’s Federal Hydraulic Fracturing Rules

Last week, the State of Wyoming filed a Petition for Review of Final Agency Action in the Wyoming Federal District Court challenging the new federal hydraulic fracturing rules, 43 C.F.R. Part 3160. The case is State of Wyoming v. United States Department of the Interior, et al., No. 15cv43-S. Wyoming…

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Petitions for Certiorari Filed With Supreme Court in Two Environmental Cases

Petitions for certiorari have been filed with the Supreme Court of the United States regarding two recent rulings of the U.S. Court of Appeals for the Fifth Circuit. In both Aransas Project v. Shaw and In re: Deepwater Horizon, petitions for en banc review were denied, but a significant number…