Recently, the DC Circuit held that a Presidential Order prohibiting a transaction to develop wind farms in Oregon because of unspecified national security issues, was violative of the constitutional guarantees of due process. The case is Ralls Corporation v. the Committee on Foreign Investment in the United States (an Executive…
Gravel2Gavel Construction & Real Estate Law Blog
“Enhanced Coordination Process” Memo Is a “Procedural Rule” Not A “Legislative Rule”
Recently, the DC Circuit decided the case of National Mining Association v. McCarthy. Reversing the lower court, the court held that an “Enhanced Coordination Process” memo and guidance authored by EPA and the Corps of Engineers to coordinate their joint review of coal mining Clean Water Act, 33 U.S.C. §§…
“Permit Shield” Defense Unavailable When Presence of Pollutant Was Not Disclosed In Permit Application Process
The Fourth Circuit Court of Appeals has issued a ruling in the case of Southern Appalachian Mountain Stewards v. A & G Coal Corporation. The Court of Appeals affirmed the lower court’s decision in a Clean Water Act, 33 U.S.C. §§ 1251, et seq. (“CWA”), citizen suit lawsuit that A…
English Contract Law: Has the Camel’s Nose of “Good Faith” Crept Under the Tent Flap?
Today, Pillsbury attorney Ray Sweigart posted his client advisory English Contract Law: Has the Camel’s Nose of “Good Faith” Crept Under the Tent Flap? The Advisory discusses Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm), which involves a challenge brought under Section 67 of…
Second Circuit – Architect’s Faulty Designs Were Two Separate Defects
On June 23, 2014, the Second Circuit Court of Appeals issued a decision in the case Dormitory Authority of the State of New York v. Continental Casualty Company (2014 WL 2808073), a declaratory judgment action filed by a building owner against the architect’s insurance carrier over the faulty design of…
Avoid License Application Being Denied ~ CA Live Scan Fingerprinting
LINKS UPDATED AUGUST 30, 2017 California’s Contractors’ State License Law, Bus. & Prof. Code §§ 7000, et seq., requires all contractor’s license applicants to submit a full set of fingerprints for a criminal background check. Once submitted, the fingerprints are compared to the records of the California Department of Justice (DOJ)…
FCC “Accessing Social Media” Event
The Federal Communications Commission’s Accessibility and Innovation Initiative will host an “Accessing Social Media” event on Thursday, July 17, 2014 from 9 a.m. to 4 p.m. in the Commission Meeting Room in its headquarters located at 445 12th Street, S.W., Washington, D.C. The event will be webcast without open captioning.…
One More Reason To Treat Yourself To A McFlurry…
The Sacramento Ronald McDonald House recently broke ground on a project to double the capacity of its housing facility located at 49th Street on the U.C. Davis Medical Center campus with a $6 million expansion. The expansion will add 20 bedrooms to the existing 18 bedroom facility, and add a…
Take Note of Mississippi’s New Mechanic’s Lien Law
On April 11, 2014, Mississippi Governor Phil Bryant signed into law Senate Bill 2622, enacting a construction lien law to protect contractors, subcontractors, materialmen, registered architects and professional engineers, and registered land surveyors. Compliance with the new law is imperative to avoid forfeiture of your right to a lien claim…
Fifth Circuit Reverses Lower Court’s Whooping Crane Decision
On June 30, 2014, the US Court of Appeals for the Fifth Circuit reversed the lower court’s determination that the State of Texas’ administration of its water management authority under state law violated the Endangered Species Act (ESA) by “taking” whooping cranes, a protected species under the ESA, by failing…