On November 25, 2014, the U.S. District Court for Alaska granted a preliminary injunction enjoining and restraining EPA and the EPA Regional Administrator from taking any actions under their authority under Section 404c of the Clean Water Act regarding the proposed mining project of the Pebble Limited Partnership in the…
Gravel2Gavel Construction & Real Estate Law Blog
Louisiana Licensing Law for Solar Contractors ~ Compliance Required Before Feb. 1, 2015
On June 23, 2014, Louisiana Governor Bobby Jindal signed into law Senate Bill 447. Louisiana Revised Statutes § 2156.3 governs the licensing of “entities engaging in the business of selling, leasing, installing, servicing, or monitoring solar energy equipment,” and “entities engaged in the business of arranging agreements for the lease…
DC Court of Appeals: District Court’s Ruling On Attorney-Client Privilege Irreconcilable With Long Standing Law
Internal corporate investigations often raise questions regarding legal privileges. In an important attorney-client and work product controversy in the corporate area, last June the DC Circuit Court of Appeals granted a petition for a writ of mandamus in connection with documents the trial court had ordered to be made available…
First Amendment v. Conflict Mineral Rules
A panel of the U.S. Court of Appeals for the DC Circuit has agreed to rehear the case of National Association of Manufacturers v. SEC, 748 F.3d 359 (2014), responding to petitions for rehearing submitted by the Securities Exchange Commission and Amnesty International. The Court will consider the First Amendment…
Ninth Circuit Provides Clarity on ERA Whistleblower Protections
Today, Pillsbury attorneys Daryl Shapiro, Tim Walsh, Rebecca Carr Rizzo and Keith Hudolin posted their advisory titled The Ninth Circuit Provides Clarity on ERA Whistleblower Protections. The Advisory discusses the Ninth Circuit’s November 7, 2014 ruling in Tamosaitis v. URS Inc. In its Tamosaitis ruling, the Ninth Circuit provided clarity…
NJ Announces Complex Business Litigation Program ~ Will Include Certain Construction Disputes
Chief Justice Stuart Rabner recently announced that, following the New Jersey Supreme Court’s November 13, 2014 order authorizing the Program, the New Jersey Judiciary will begin on January 1, 2015 accepting cases into the Complex Business Litigation Program. The Program will be a forum for the resolution of complex business,…
Earthquake Brace + Bolt Program Available January 2015 in 26 CA ZIP Codes
2016 UPDATE: Earthquake Brace + Bolt Program Provides Contractors with New Work for the New Year — Earthquake Brace + Bolt (EBB) 2016 program will be offered in the following ZIP codes: Albany: 94706 Berkeley 94702, 94703, 94704, 94705, 94707, 94708, 94709, 94710 Burlingame: 94710 Emeryville: 94608 Hillsborough: 94010 Millbrae: 94030…
Owner/General Contractor With Right to Control Work and Worksite May Be Exposed to Claims by Subcontractors’ Workers for Safety-related Issues
Recently, the Nebraska Supreme Court, in Gaytan v. Wal-Mart, et al., 289 Neb. 49 (2014), concluded that there were genuine issues of material fact with respect to the general contractor’s liability for claims brought by a special administrator for a deceased worker’s estate. The claims against the general contractor, Graham…
“Roadless Rule” Litigation Revived By DC Circuit Court of Appeals
It’s not over until it’s over. The State of Alaska was recently given another opportunity to challenge the U.S. Forest Service’s 2001 “Roadless Rule,” a rule that prohibits the construction and repairs of roads and timber harvesting on millions of acres in the national forests. The case is State of…
Supreme Court Heard Oral Argument in Yates v. US
Day before yesterday, the Supreme Court heard oral argument on November 5, 2014 in the case of Yates v. United States. The Supreme Court is being asked to answer the question: “Whether petitioner’s efforts to thwart a government investigation by dumping undersized fish at sea violated the criminal prohibition on…