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SBA Considers Public Comments on Proposed Size Standard Increases to NAICS Codes 562910 and 541519

According to the pre-publication, the SBA will adopt most of the proposed changes with two key exceptions. The SBA is not increasing the Environmental Remediation Services (“ERS”) exception under NAICS 562910 from 500...more

German real estate: Risks and opportunities in a shifting landscape

How does the prevalence of home offices influence the development of new office space? What does Internet use mean to real estate investors? Which sectors will see the highest demand for investment?...more

Washington State Department of Ecology Proposes GHG Limits in “Clean Air Rule”

The Washington Department of Ecology (“Ecology”) kicked off what promises to be a busy year in state-level greenhouse gas (“GHG”) regulation by releasing a first draft of the Washington Clean Air Rule (the “Rule” or the...more

Geeking Out on Transportation

This week, our transportation attorneys attended the Transportation Research Board 95th Annual Meeting, which is affectionately deemed the nexus of all-out, unabashed transportation “nerdom” by industry insiders....more

Construction Industry Trends to Watch in 2016

We all love new year’s predictions (at least I do). This past week, Construction Drive issued its 10 Construction Industry Trends to Watch in 2016. Some are not terribly surprising, while others might surprise you:...more

DoT Announces “Smart City” Challenge to Increase Infrastructure Efficiency in Urban Areas

On December 7, 2015, the U.S. Department of Transportation (DOT) issued a Notice of Funding Opportunity (NOFO) for “Beyond Traffic: The Smart City Challenge,” the first in a two-part solicitation for a federally funded...more

DOT Smart City Challenge Grant Applications Now Being Accepted

The U.S. Department of Transportation launched the Smart City Challenge earlier this week for cities to compete for a grant of up to $40 million. The ideal Smart City applicant has an approximate population between 200,000...more

What Is a Water of the United States? EPA and the Corps Make It Easier To Know What They Think

While the litigation over the WOTUS rule wends its tortuous way through the courts, EPA and the Corps have not been idle. Earlier this month, they jointly issued a memorandum on their plans for improving the permitting...more

CPUC Proposed Decision Extends Pole Attachment Rights to CMRS Providers

On Friday, October 30, 2015, the Assigned Commissioner to a rulemaking at the California Public Utility Commission (“CPUC”) issued a Proposed Decision to extend the state’s pole, conduit and right of way access rights to...more

EPA'S Hazardous Waste Pharmaceuticals Rules May Impose Significant Burdens on Health Care Facilities - Comment Period Runs Until...

The Environmental Protection Agency (EPA) has promulgated its proposed regulation of “hazardous waste pharmaceuticals,” i.e., pharmaceutical residues discarded from health care facilities which also meet EPA’s long-standing...more

Environmental Update – Proposed Hazardous Waste Rule for Pharmaceuticals

On August 31, 2015, the EPA proposed new regulations for the management of hazardous waste pharmaceuticals at healthcare facilities. First and foremost, the proposed rule prohibits the flushing of any hazardous waste...more

Don’t Flush the Drugs! The EPA is Coming!

The Environmental Protection Agency (EPA) recently issued a pre-publication Proposed Rule (40 C.F.R. part 266, subpart P) regulating the management and disposal of drugs deemed “hazardous waste pharmaceuticals” by healthcare...more

California City Becomes First To Ban Drone Flights Over Incidents Interfering With Firefighting

On September 1, 2015, the Poway, California City Council approved an ordinance banning the flight of unmanned aircraft systems (“UAS”), more commonly known as drones, over a significant portion of Poway, California. In...more

Ninth Circuit Invalidates EPA Approval of Controversial Pesticide

In a major victory for beekeepers, the U.S. Court of Appeals for the Ninth Circuit has vacated the EPA’s approval of the pesticide sulfoxaflor, concluding that the approval was based on “flawed and limited data” regarding...more

EPA Proposes Changes to Hazardous Waste Generator Rules and a New Management of Hazardous Waste Pharmaceuticals Rule

The U.S. Environmental Protection Agency (EPA) is proposing two new hazardous waste rules that EPA believes will strengthen environmental protection and reduce regulatory burdens. The first is an update to the hazardous...more

EPA Proposes New Rules for Pharmaceutical Hazardous Waste Management and for Other Hazardous Waste Generators

The U.S. Environmental Protection Agency (EPA) has announced two new proposed hazardous waste rules that EPA believes would clarify and simplify requirements for health care facilities and retail pharmacies to manage their...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2015

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

White House Announces Plans To Revise the Coordinated Framework for the Regulation of Biotechnology

The White House, through the Office of Science and Technology Policy (OSTP), announced a major initiative to overhaul the regulation of biotechnology products (OSTP Memo), which are products developed through genetic...more

Maui GMO Ban Overturned; Federal Court Remains Consistent on Preemption Analysis

This week, the federal district court in Hawaii struck down a Maui County law imposing a moratorium on the cultivation of genetically engineered organisms (GE plants, or GMOs). This decision is the third of three challenges...more

Canadian Province Finalizes Neonic Reduction Rule

The Canadian province of Ontario has issued its final regulations under the Ontario Pesticides Act aimed at reducing the area planted with maize and soybean seed treated with neonicotinoid insecticides. These changes have...more

Recent Developments Regarding Disposal of Pharmaceutical Products

Recent environmental developments may impact the health care industry and should continue to be monitored. Several environmental developments related to the discarding of pharmaceutical products (including veterinary...more

District Court Issues Order Allowing Plaintiffs in Case Seeking Review of Neonicotinoid Pesticides under the ESA to Utilize Extra...

On June 12, 2015, Federal District Judge Maxine Chesney issued a decision in Ellis v. Housenger (N.D. Cal.) allowing the plaintiffs to utilize expert declarations and exhibits that were not included in the certified...more

Gov. Dayton Signs 2015 Jobs and Energy Bill into Law

On Saturday, June 13, Governor Dayton signed the 2015 Jobs and Energy Bill into Law. The following amendments were made after the Governor’s veto: - New definitions for “propane,” “propane storage facility,” and...more

Open Internet Rules Become Effective June 12: Impact on Pole Attachments

On Friday, June 12 – barring a judicial stay – many of the FCC’s “Open Internet” rules will become effective. A significant consequence of the reclassification of retail broadband Internet access service (BIAS) as a...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2015.

EPA Releases TSCA Work Plan Chemical Problem Formulation, Initial Assessment For 1,4-Dioxane: On April 28, 2015, the U.S. Environmental Protection Agency (EPA) released the Toxic Substances Control Act (TSCA) Work Plan...more

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