Today, our colleagues Mark Elliott and Kevin Ashe published their Alert titled Getting the Lead Out of California Schools. The Alert discusses California’s new water supply permit requirements and the State Water Board’s Drinking Water for Schools Grant Program, which allocates up to $9.5M in funding to improve access to and the quality…
Today, our colleagues Kevin Ashe, and Eric Moorman posted their Alert titled Natural Resources Agency Launches CEQA Guidelines Rulemaking. The Alert discusses the California Natural Resources Agency’s issuances of a notice of proposed rulemaking (NPRM) on January 26, 2018. The NPRM proposes a comprehensive update to the California Environmental Quality Act (CEQA) Guidelines, Title…
The Federal Emergency Management Agency (FEMA) and New York City have announced that they will be working together to update the City’s flood maps. The need for updating FEMA’s flood maps has become more than apparent since at least 2005. Cities like New York, Houston, and Baton Rouge, which have been…
With so many extracontractual parties often involved in work that necessarily implicates others in construction, the economic loss doctrine can present serious hurdles to a harmed party’s recovery of damages actually incurred. The doctrine, which has long stood for the proposition that one cannot recover purely economic damages in tort, can…
On January 24, the U.S. Court of Appeals for the First Circuit decided the case of Conservation Law Foundation, Inc., v. Pruitt. The Pruitt case involves a consolidated appeal from the decisions of the U.S. District Courts in Massachusetts and Rhode Island dismissing the Clean Water Act (CWA) Citizen Suits filed…
On January 24, the U.S. Court of Appeals for the Eleventh Circuit dismissed an appeal of a decision by the U.S. District Court for the Southern District of Georgia that denied a preliminary injunction that would have enjoined the enforcement of the Environmental Protection Agency’s (EPA) and the U.S. Army…
Pursuant to the provisions of Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended, the Office of the Secretary, Department of Homeland Security, in her “sole discretion” has waived in their entirety the following laws (including all federal state, or other laws, regulations and…
Today, our colleagues Michael Rizzo, Glenn Sweat and John Jensen published their Alert titled The 2018 Government Shutdown – How Can Contractors Preserve Rights? Takeways from the Alert include: Communicate with your Contracting Officers early and often regarding approvals and responses to inquiries. Analyze current contracts. Assess contract funding levels,…
Today, my colleague Anthony Cavender and I published our Alert titled Congress Expands the Oil Pollution Act to Reach Spills Originating Outside of the U.S. In it we discuss the Foreign Spill Protection Act of 2017 and key takeaways from this new law: New law establishes oil spill liability in the…
Today, the U.S. Supreme Court announced its intention to hear a hotly-contested Endangered Species Act (ESA) case involving the “dusky gopher frog.” This frog’scritical habitat was determined by the lower courts to include areas in Louisiana although the species allegedly has not been seen there for many years. The Court’s…