Today, Pillsbury attorneys Julia Judish and Rebecca Carr Rizzo published their Client Alert titled How Employers Should Respond to the Trump Administration’s Proposed Overtime Rule. The Alert discusses the Trump Administration’s Notice of Proposed Rulemaking (NPRM) for amending the federal Fair Labor Standards Act (FLSA) so-called “white collar” exemptions. The new…
Gravel2Gavel Construction & Real Estate Law Blog
New Railroad Oil Spill Response Rules Issued by Pipeline and Hazardous Materials Safety Administration
On February 28, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), “in consultation with the Federal Railroad Administration and pursuant to the Fixing America’s Surface Transportation Act (FAST Act) of 2015, issued a Final Rule “to revise and clarify requirements for comprehensive oil spill response plans (COSRPs)”…
Council on Environmental Quality and Office of Management and Budget Issue Joint Guidance for State Transportation Departments with NEPA Assignment
On February 26, 2019, the Council on Environmental Quality (CEQ) and Office of Management and Budget (OMB) issued a joint memorandum (Memo) clarifying how state transportation departments that have been delegated responsibility under National Environmental Policy Act (NEPA) should implement federal directives to streamline the environmental review and approvals of…
DC Circuit Holds that Judicial Review is Not Available in FEMA Individual Assistance Cases
The U.S. has experienced a large number of natural disasters requiring the immediate assistance that only the Federal Emergency Management Agency (FEMA) can provide. In Barbosa, et al., v. U.S. Department of Homeland Security and FEMA, decided March 1, the U.S. Court of Appeals for the District of Columbia Circuit provided a very…
OFCCP’s Listening Sessions and Program Changes
Today, Pillsbury attorneys Glenn Sweatt and Julia Judish published their Client Alert titled OFCCP Conducts Town Hall Meetings for Tech Industry Contractors and Implements Program Changes. Takeaways from the Alert include: The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has made several high-profile pro-contractor changes in the…
SCOTUS Explains Interplay Between IOIA and FSIA in Litigation Against International Organizations
On February 27, the U.S. Supreme Court reversed a ruling of the U.S. Court of Appeals for the District of Columbia Circuit and held that international organizations, such as the World Bank, while being protected by the International Organizations Immunities Act of 1945 (IOIA), are not absolutely immune from lawsuits filed in federal…
Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River
On March 1, the U.S. Court of Appeals for the District of Columbia decided National Parks Conservation Assoc. v. Todd T. Simonite, Lieutenant General, et al. The case involves an application to the U.S. Army Corps of Engineers (Corps) for a construction permit to build electric power lines over the “historic…
Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax
On February 15, the U.S. Court of Appeals for the Fourth Circuit decided Norfolk Southern Railway Co. v. City of Roanoke, et al.; the Chesapeake Bay Foundation was an Intervenor-Defendant. The Fourth Circuit held that a large stormwater management fee (stated to be $417,000.00 for the year 2017) levied by the City…
SCOTUS, Having Received Views of Solicitor General, Will Decide Whether CWA Regulates Indirect Discharge of Pollutants Into Navigable Water Via Groundwater
Prior to deciding whether to review an important February 1, 2018, U.S. Court of Appeals for the Ninth Circuit decision involving the jurisdictional reach of the Clean Water Act (CWA), Hawai’i Wildlife Fund, et al., v. County of Maui, the Supreme Court asked the Solicitor General for the views of the…
DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case
On February 14, the U.S. District Court for the District of Columbia dismissed the complaint of the National American Butterfly Association (NABA) alleging that the U.S. Government’s border wall preparation and law enforcement activities at NABA’s National Butterfly Center, located in South Texas along the Rio Grande River, violated federal environmental laws…