Yesterday, in the United States Supreme Court’s decision in Kansas v. Nebraska, several members of the Court strongly disagreed with the determinations of Justice Kagan, including that “disgorgement” was proper. The Chief Justice, and Justices Thomas, Scalia and Alito argued that the Court’s equitable power was not sufficient to alter…
The California Contractors State License Board has made available a study guide for the trade examination for the various contractor license and specialty license classifications and one for the law and business examination; a trade examination is not required for the C-61 limited specialty classification. It has also made available…
Today, Pillsbury attorneys Jim Glasgow and Elina Teplinsky posted their client advisory DOE Issues the Part 810 Final Rule: Summary and Compliance Steps for Industry. The Advisory discusses the U.S. Department of Energy’s (DOE) final rule amending its regulations at 10 C.F.R. Part 810 on “Assistance to Foreign Atomic Energy…
The Texas Supreme Court is scheduled to hear oral arguments in City of Houston v. BCCA Appeal Group, Inc., on March 25, 2015 regarding whether the application of a City of Houston registration ordinance which purports to regulate air pollution within the City of Houston’s borders is preempted by the…
On February 13, 2015, the U.S. District Court for the Eastern District of Louisiana dismissed a major lawsuit that was filed by the Board of Commissioners of the Southeast Louisiana Flood Protection Authority–representing a number of local South Louisiana levee boards–against 88 oil and gas companies operating in South Louisiana…
S.1 — 114th Congress (2015-2016) was introduced on January 6, 2015. Recently, it was passed by both the House (February 11, 2015) and Senate (January 29, 2015). The President has indicated he will veto the bill. Nevertheless, it is interesting to see what’s in the bill. Here are the highlights:…
As I previously reported, on January 27, 2015, the U.S. District Court for Minnesota granted summary judgment to EPA and two environmental groups defending EPA’s decision to release personal data submitted by a group of Concentrated Animal Feeding Operation (CAFO)-farm facilities who were also applicants for Minnesota wastewater discharges. The…
A unanimous panel of the Illinois Appellate Court recently held that three insurers have a duty to defend any case in which the bare underlying allegations – if proved – would render their insured liable, regardless of extrinsic facts. This sweeping ruling confirms that the duty to defend is a…
Today, Pillsbury attorneys Julia Judish, Rebecca Carr Rizzo and Keith Hudolin published their client alert titled The Legal Landscape Rapidly Changes for D.C. Employers. The Alert discusses how District of Columbia employers now face and are soon to face a number of new laws affecting a wide range of issues,…
Friday, the Texas Supreme Court issued a unanimous opinion in the case of Environmental Processing Systems, L.C. v. FPL Farming Ltd., reversing the Court of Appeals for the Ninth District of Texas’s finding that EPS had the burden of establishing an affirmative defense that it had the landowner’s consent, and…