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Gravel2Gavel Construction & Real Estate Law Blog

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$8 Billion Los Angeles Wind Power Project Would Be Engineering Marvel and Green Energy Landmark

Four energy companies – Pathfinder Renewable Wind Energy, Duke-American Transmission, Dresser-Rand, and Magnum Energy – have jointly proposed an $8 billion plan to supply Los Angeles with more than twice the amount of electricity generated by the Hoover Dam. According to Duke Energy, the proposal would require construction of “one…

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California Looking For Next Registrar of Contractors

UPDATE: Applications for the Position of the Registrar of Contractors must be received by 5:00 p.m. PST on November 17, 2014 and must include all required information. The California Contractors State License Board invites applications for the position of Registrar of Contractors. The Registrar of Contractors is responsible for, among…

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5th Circuit Considers Scope of CSB’s Subpoena Power After Serious Incident

On September 18, 2014, a divided panel of the U.S. Court of Appeals for the Fifth Circuit decided another Deepwater Horizon case. The case is United States v. Transocean Deepwater Drilling, Inc., and involves the statutory authority of the U.S. Chemical Safety and Hazard Investigation Board (CSB) to issue administrative…

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Contractors Beware: Recent Supreme Court Rulings Will Impose More Environmental Restrictions

United States Supreme Court decisions provide guideposts for the exercise of environmental permitting and enforcement power by state and federal authorities. Whether a particular facility can be permitted often determines whether it can be built or modified after it has been constructed. In addition, a decision such as the Court’s…

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Federal Contractor Employee Salaries Not So Secret Any More

On September 15, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released its Notice of Proposed Rulemaking (“Proposed Rule“) implementing President Obama’s Executive Order 13665 (“EO 13665“) (April 8, 2014), banning federal contractors from taking adverse action against employees and applicants who discuss their pay. EO 13665 instructs that,…

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Exemptions Available to Some Contractors For New Mandated Paid Sick Leave In California

A new California law effective July 1, 2015 requires employers to provide at least 3 paid sick days per year. Workers covered by valid collective bargaining agreements meeting certain requirements are exempt, but contractors should review their sick leave policies for all employees to ensure they are in compliance. Please…

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9th Cir. Rejects Use of Permit Shield Defense in a Clean Water Act Citizen Suit

On September 4, 2014, the U.S. Court of Appeals for the Ninth Circuit issued a decision rejecting the argument that a Clean Water Act (CWA) “permit shield” required the dismissal of a CWA citizen suit. The case is Alaska Community Action on Toxics, et al. v. Aurora Energy Services, LLC;…

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What’s In A Name (Change)?

Rule of Thumb: If the business entity’s name change results in the California Secretary of State issuing a new registration number, a new California contractor’s license will be required ~ a contractor’s license is not transferrable. If a new license is required, you must file an application for original contractor’s…

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U.S. District Court Finds BP Grossly Negligent in Deepwater Horizon Oil Spill

On September 4, 2014, U.S. District Court Judge Carl Barbier issued a ruling holding that BP Exploration & Production Inc. is subject to enhanced civil penalties under the Clean Water Act (CWA) because the deadly April 20, 2010 blowout, explosion, fire and massive oil spill at the Macondo well in…

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English Contract Law: Choice of Law and Forum Trumped? Beware (or at least be aware) of the Commercial Agents Regulations.

Yesterday, Pillsbury attorney Ray Sweigart published his client advisory English Contract Law: Choice of Law and Forum Trumped? Beware (or at least be aware) of the Commercial Agents Regulations. The Advisory discusses the English High Court’s analysis, in Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014]…