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Gravel2Gavel Construction & Real Estate Law Blog

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Illinois Prohibits Subordination of Mechanic’s Liens on Construction Projects

Illinois Governor Pat Quinn recently signed into law Senate Bill 3023 (Public Act 98-764, amending the Illinois Mechanics Lien Act, 770 ILCS 60/ et seq., to provide protection against subordination of mechanics liens on Illinois construction projects. S.B. 3023 makes an express or implied agreement to subordinate a mechanic’s lien,…

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Badge of Honor ~ NJ Requires Contractors’ Employees to Wear Photo ID Badge

Effective August 19, 2014, New Jersey Senate Bill 2363 went into effect, requiring contractors required to register under the Contractors’ Registration Act, N.J.S.A. §§ 56:8-136, et seq. — home improvement contractors — to wear a state-issued identification badge “on the upper left corner of his torso when the contractor is…

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City of Shasta Lake (CA) Issues Notice re Contractor Qualifications for Potable Water Projects

Effective January 1, 2015, all contractors bidding on or performing work within the City of Shasta Lake, California involving connects to or modifications of the City of Shasta Lake’s potable (fit or suitable for drinking) water distribution system will be required to have and to maintain a Water Distribution Operator,…

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Ruling Reinforces EPA’s Broad Discretionary Powers in Reviewing Corps of Engineers 404 Permitting Decisions

The celebrated case of Mingo Logan Coal Co. v. EPA was returned to the U.S. District Court of the District of Columbia after the Court of Appeals reversed the District Court’s ruling that EPA had illegally invalidated a Army Corps of Engineers (“Corps”) 404 permit issued to Mingo Logan’s proposed…

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District Court Rejects Challenge to Decision of Fish and Wildlife Service to Withdraw Proposed ESA Listing of the Dunes Sagebrush Lizard

On September 30, 2014, the U.S. District Court for the District of Columbia rejected a challenge to the decision of the U.S. Fish and Wildlife Service (FWS) to withdraw a proposed listing of the Dunes Sagebrush Lizard, a species found in many oil and gas producing areas, as an endangered…

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3rd Cir.: Natural Gas Pipeline Company Can Immediately Exercise Its Powers of Eminent Domain to Replace Deteriorating Pipeline

On September 26, 2014, a divided panel of the U.S. Court of Appeals for the Third Circuit reversed the U.S. District Court of the Middle District of Pennsylvania, holding that Columbia Gas Transmission Company, an interstate natural gas company regulated by FERC, has the right of eminent domain granted by…

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Intergovernmental Immunity Protects Both the Federal Government and Its Contractor

On September 19, 2014, the U.S. Court of Appeals for the Ninth Circuit held that California Senate Bill 990 violates the Constitutional doctrine of “intergovernmental immunity” because it directly regulates the activities of the US Department of Energy in violation of the Supremacy Clause. S.B. 990 prescribes state radioactive cleanup…

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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…