General Business Zoning, Planning & Land Use

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Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

FERC Policy Statement Regarding Pipeline Recovery of System Modernization Costs

On April 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (the “Policy­­­.Statement”), opening...more

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

Updated New Orleans Zoning Ordinance Threatens Microbreweries and Microdistilleries

The New Orleans City Council is set to vote on the draft Comprehensive Zoning Ordinance (“CZO”) on May 14, 2015. The CZO will have major implications for micro-distilleries and micro-breweries, which have been lightly...more

Retail Innovation Districts: The Community Outfitters

For many decades, the downtown, metropolitan area of a city was considered the central breeding ground for innovation and economic development. Establishing a retail chain within a metropolitan hub was considered the...more

Guinea: New Hydrocarbons Code

The Guinean State Minister of Mines and Geology, Kerfalla Yansané, recently announced a possible launch of a bidding round in 2015 for offshore oil blocks in Guinea under the new hydrocarbons code (the “New Code”). Following...more

FERC Revises Interstate Natural Gas Pipeline Nomination Timelines

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a much-anticipated final rule modifying some of the scheduling practices used by interstate natural gas pipelines to better coordinate the scheduling...more

Recent Court of Appeals Decision Guts Force Majeure Clauses in Most Oil and Gas Leases

On March 31, 2015, the New York State Court of Appeals issued an opinion in the case of Walter R. Beardslee, et al. v. Inflection Energy, LLC, et al., interpreting the applicability of force majeure clauses to extend the...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Draft Integrated Science Assessment for Oxides of Nitrogen – Health Criteria - EPA has announced an extension of the public comment period for the second external review draft of a document titled, “Second External Draft...more

N.C. Court of Appeals Rules That Contractual Forum Selection Clause Can Track, But Not Vary, Legislatively-Determined Forum

The North Carolina Court of Appeals handed down a decision today that clarifies the rule that a contractual venue/forum selection provision can track, but it cannot vary from, the venue/forum determined by State law....more

California Proposes Emergency Rules for Oil & Gas Waste Water Injection Wells as Precautionary Measure

On Thursday, April 2, the California Department of Conservation (“DOC”) published a notice of proposed emergency rulemaking for the state’s Class II Underground Injection Control (“UIC”) program. The purpose of the...more

Three Months and Counting: Preparing for California’s New Industrial Storm Water Permit

If you operate one of the over 100,000 industrial facilities subject to California’s new Industrial Storm Water Permit (2015 Permit), you are probably already aware that only three months remain to ensure your compliance...more

Department of the Interior Releases Comprehensive New Rules on "Fracking"

On March 26, 2015, the Department of the Interior formally published a comprehensive set of new rules regarding Hydraulic Fracturing, commonly known as “fracking.” Several years in the making, the new rules — which go into...more

RALEIGH'S UDO AND THE CITYWIDE REZONING: What's New and How's it Working? [Video]

Raleigh's Unified Development Ordinance took effect September 1, 2013, and a massive rezoning is now underway to make its new zoning districts applicable to multifamily and commercial, including office, retail and industrial...more

Congressman Ed Whitfield Proposes Means for States to Avoid Compliance with the EPA’s Clean Power Plan

On March 23, 2015, Congressman Ed Whitfield (R-KY), Chairman of the Energy and Power Subcommittee of the House Energy & Commerce Committee, released a discussion draft of the Ratepayer Protection Act of 2015 (the Act)....more

Innovation Districts

Last year representatives of a coalition of 11 organizations started meeting to discuss the continued development and expansion of Oklahoma City’s bioscience and technology sectors. Among other matters, the group discussed...more

2015 Construction Law Update - Construction Practice Newsletter

Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session, of which 931 were signed into law. For the design and construction industry the end of the second session, like...more

MATS in the Supreme Court–Toxic to EPA?

The Supreme Court heard oral arguments yesterday on whether the Environmental Protection Agency (EPA) unreasonably decided not to consider the cost of regulation when the EPA determined it was “appropriate and necessary” to...more

Down in the Dumps: Court Refuses to Apply Pollution Exclusion in Landfill Seepage Case

Claims involving potential coverage for pollution liability pose unique challenges for insurers. In many cases, the polluting activity occurred decades ago and over a large span of time, with only a fraction of the activity...more

Climate Change Adaptation: Massachusetts Releases New Policies to Address

In one of our prior posts, we reported on efforts by Boston and New York City, in the wake of Hurricane Sandy, to undertake comprehensive climate change preparedness planning to review the vulnerabilities of each city’s built...more

Week in Review - March 2015 #3

Friday marked the first committee deadline and thus a flurry of activity at the Capitol to act favorably on bills in their respective policy committees. MNsure - When Governor Mark Dayton’s supplemental budget...more

Construction E-Note - March 2015

In This E-Note: - What Should Parties Do With Unusually Severe Weather on a Construction Project? - Excerpt from What Should Parties Do With Unusually Severe Weather on a Construction Project?: Rain....more

Locke Lord QuickStudy: Shades of Sheppard?

In Wagner & Brown, Ltd. v. Sheppard, 282 S.W.3d 419 (Tex. 2008), the Texas Supreme Court held that the termination of Sheppard’s lease (Sheppard was the Lessor) did not terminate her participation in a unit into which her...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Maine Massachusetts New Hampshire Nothing to report STATUS OF PREVIOUSLY REPORTED RULES COMPLIANCE DEADLINES For more information, see our mobile-friendly ENViromation Center, an online...more

EPA Approves New Refrigerant Alternatives

On March 2, 2015, the U.S. Environmental Protection Agency published a final rule expanding the number of refrigerants approved for use in a variety of refrigeration and air-conditioning equipment as compliant with the...more

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