Stoel Rives LLP

Litigation Alert: Washington Supreme Court Clears Up Ambiguity on "Holder" versus "Owner" of Secured Notes

The Washington Supreme Court, sitting en banc, affirmed in Brown v. Washington State Department of Commerce the Department of Commerce’s denial of a mediation request under the Foreclosure Fairness Act (FFA) made by a borrower…more

Banks, Exemptions, Foreclosure, Mediation, Promissory Notes

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IRS Extends ACA Reporting Deadlines

The IRS issued key extensions to looming 2016 information reporting deadlines for applicable large employers. This relief applies only to the deadlines for reporting the coverage that employers offered in 2015..…more

Affordable Care Act, Benefit Plan Sponsors, Employer Group Health Plans, Filing Deadlines, IRS

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Utah Supreme Court "Repudiates" the Federal Multi-Employer Worksite Doctrine

In an unapologetic rejection of a decades-old legal fiction hatched by the federal Occupational Safety and Health Administration ("OSHA") and embraced by Utah Division of Occupational Safety and Health ("UOSH"), on January 31,…more

General Contractors, OSHA, Workplace Safety

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Breaking News: DOL Salary Rule Blocked By Federal Judge

The Department of Labor’s controversial rule that required “white collar” employees to be paid at least $47,476 per year in order to be exempt from the Fair Labor Standards Act will NOT go into effect on December 1, 2016 as…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo

On May 27, EPA and the U.S. Army Corps of Engineers jointly issued their long-expected and much-debated rule defining which waters are protected by the federal Clean Water Act (CWA). In announcing the rule, President Obama said…more

Clean Water Act, Drinking Water, EPA, Navigable Waters, U.S. House

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Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) - In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment…more

CEQA, Environmental Policies, Historic Preservation, Historical Landmarks, Substantial Evidence Standard

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Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in…more

Agricultural Workers, Corporate Counsel, Farm Workers, Farms, FLSA

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Minnesota Public Utilities Commission Approves Some Changes to Community Solar Program, Declines Other Changes

The Minnesota Public Utilities Commission (MPUC) approved several major changes to Xcel Energy’s Community Solar Garden (CSG) program yesterday, while also voting to maintain other aspects of the CSG program. Mike Hughlett of…more

Community Shared Solar, Energy Projects, Public Utilities Commission, Renewable Energy, Xcel Energy

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood…more

Historic Preservation, Historical Landmarks, National Historic Preservation Act, National Park Service, Native American Issues

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Idaho Real Estate & Development Law Update: How Much Diligence is Due?

All buyers of real estate know they need to do their homework. That process is sometimes called “due diligence.” But how much diligence is due? The recent decision of the Idaho Supreme Court in Tiller White, LLC v. Canyon…more

Due Diligence, Easements, ID Supreme Court, Real Estate Transactions

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MISO Transmission Owners’ Return on Equity Cut by FERC

Following a decision of the Federal Energy Regulatory Commission (FERC) released last week that cuts transmission owners’ return on equity (ROE) by more than 200 basis points,[1] ratepayers in the Midcontinent Independent System…more

Federal Power Act, FERC, MISO, Return on Equity, Tariffs

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Eighth Circuit Panel Rules Minnesota Climate Change Law Unconstitutional

Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed the…more

Clean Air Act, Corporate Counsel, Dormant Commerce Clause, Energy Sector, Exclusive Jurisdiction

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CEQA Baseline Analysis: Future Conditions Baseline Should Be The Exception Not The Rule When Agency Reviews Environmental Impacts, Says Divided California Supreme Court

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (filed August 5, 2013) (“Neighbors”), a majority of the California Supreme Court justices announced a new rule regarding the baseline agencies may use…more

CEQA, Environmental Assessments, Environmental Claims, Environmental Impact Report (EIR), Environmental Policies

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Northwestern University Football Players Can’t Vote for Union Representation …but it’s not over until it’s over…

Depending on your allegiance, “the Play” was one of either the most memorable or the most infamous moments in the history of college football. It happened in the final seconds of 1982’s annual “Big Game” between the Stanford…more

Collective Bargaining, College Athletes, Colleges, Employee Definition, Football

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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Labor & Employment Law Under President-Elect Trump

In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers? Trump has thus far given few details on his thoughts on labor and employment. But with…more

Affordable Care Act, Barack Obama, Cadillac Tax, Class Action Arbitration Waivers, DOL

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Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations" Subject to Judicial Review

Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can…more

Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers, Judicial Review

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Health Care Law Alert: Skagit County Fined $215,000 for HIPAA Violations

Skagit County in northwest Washington state has been fined $215,000 for violations of the HIPAA privacy, security, and breach notification rules. The U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”)…more

Breach Notification Rule, Data Breach, Fines, HHS, HIPAA

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Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a…more

Amended Legislation, Biofuel, CEQA, Exemptions, Native American Issues

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CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements

In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water…more

Bureau of Reclamation, CEQA, Municipalities, Public Contracts, Water

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California DWR Releases Final Groundwater Basin Boundary Modifications

On October 18, 2016, the Department of Water Resources (DWR) released its final modifications to California’s groundwater basin boundaries in response to the emergency regulations adopted by DWR last October. The basin boundary…more

Department of Water Resources, Public Agencies, Sustainable Groundwater Management Act (SGMA)

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City of Portland on Fast Track to Adopt Inclusionary Zoning Requirements

More of Portland’s developers are about to find themselves in the affordable housing business. Whether they like it or not…more

Affordable Housing, Public Hearing, Real Estate Development, Urban Planning & Development

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U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified sources…more

Carbon Emissions, Clean Air Act, Comment Period, Energy Sector, EPA

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ESA Law Update: U.S. Fish and Wildlife Service Proposes to List West Coast Population of Fisher as Threatened Under Endangered Species Act

The U.S. Fish and Wildlife Service (FWS) announced yesterday its proposal to list the West Coast population of the fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (ESA). The scientific…more

Endangered Species Act (ESA), ESA Listings, Public Comment, US Fish and Wildlife Service

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Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations" Subject to Judicial Review

Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can…more

Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers, Judicial Review

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Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise…more

Common Law Claims, Employer Liability Issues, Exclusive Remedy, Mining, Negligence

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U.S. Fish and Wildlife Service Issues Final Revised Eagle Rule

Today the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a long-anticipated final rule revising its eagle permitting regulations (Revised Eagle Rule). Concurrent with the Revised Eagle Rule,…more

Bald and Golden Eagle Protection Act, Final Rules, NEPA, Proposed Amendments, US Fish and Wildlife Service

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City of Seattle Proposes New Ordinance Regulating Employee Scheduling | World of Employment

Seattle restaurants and retail employers may soon face significant restrictions on employee scheduling. The Seattle City Council is currently considering a proposed ordinance with the potential to impact hundreds of employers…more

Local Ordinance, Proposed Regulation, Restaurant Industry, Retailers, Wage and Hour

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Sage Grouse Update: BLM Issues Draft Environmental Impact Statement (DEIS) on Proposed Withdrawal of 10 Million Acres

On the last business day of 2016 the BLM released the DEIS on its proposed 20-year withdrawal of approximately 10 million acres of “sagebrush focal areas” (SFAs) in six western states from mineral location and entry under the…more

Bureau of Land Management, General Mining Law, Public Land, Resource Management, US Geological Survey

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Oregon PUC Issues Guidance on Energy Storage Program

Actions are underway at the Oregon Public Utility Commission (the “PUC”) to implement HB 2193, Oregon’s energy storage legislation. HB 2193 requires that PacifiCorp and Portland General Electric (“PGE”) submit proposals for…more

Competitive Bidding, Energy Storage, New Guidance, Public Utilities Commission, Utilities Sector

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Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise…more

Common Law Claims, Employer Liability Issues, Exclusive Remedy, Mining, Negligence

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What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California…more

Air Pollution, Air Quality Standards, CEQA, Environmental Impact Report (EIR), Environmental Policies

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New California Employment Laws for 2016

Now that the calendar has turned to 2016, this is a good time for employers in California to ensure that they are up to speed on the new laws that took effect on January 1.  Here are some of the highlights…more

E-Verify, Gender Equity, PAGA, Paid Leave, Wage and Hour

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Corporate Law Alert: Launch of New Oregon Benefit Company Law Produces Record Signups

On January 1, Oregon launched its new benefit company law, becoming the 20th U.S. state to allow the formation of such entities. The launch produced a record-setting response, with 29 registrants signing up for benefit company…more

B Corporation, Benefit Corporations, Choice of Entity, Corporate Social Responsibility, Social Entrepreneurship

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NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s Ninth…more

Antitrust Provisions, Athletes, College Athletes, Colleges, Merchandising Rights

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The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified” Under the ADA

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence…more

ADA, Adverse Employment Action, Corporate Counsel, Discipline, Essential Functions

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Utah Passes Bill Regulating Non-Competes

After heated debate between legislators and among the business community, the Utah state legislature has passed HB 251, the Post-Employment Restrictions Act. As passed, the Act prohibits “post-employment restrictive covenants”…more

Corporate Counsel, Former Employee, Hiring & Firing, New Legislation, Non-Compete Agreements

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Applying for California Minority-Owned Business Entity Certification: Process & Benefits

We were pleased to announce this week that client Southern Ute Alternative Energy, LLC received certification as a Minority-owned Business Entity (MBE) from the California Supplier Clearinghouse.  Southern Ute Alternative…more

Certifications, CPUC, Energy Sector, Investor-Owned Utilities, Minority-Owned Businesses

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Solar Installer Alert: New Countervailing Duties on Imports of Chinese Solar Products Take Effect June 10, 2014

The U.S. International Trade Administration of the U.S. Department of Commerce (“ITA”) made the preliminary countervailing duty (“CVD”) rates announced last week effective today, June 10, in a published notice, 79 Fed. Reg…more

Anti-Dumping Duty, China, Countervailing Duties, Solar Energy, Trade Agreements

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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Katie Sieben Appointed to Minnesota Public Utilities Commission, and Nancy Lange Appointed as Chair

Yesterday, Governor Mark Dayton announced his appointment of Minnesota State Senator Katie Sieben to a six-year term on the Minnesota Public Utilities Commission (MPUC)..…more

Administrative Appointments, Governor Dayton, Public Utilities Commission

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California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth…more

Audio Recording, Data Collection, Drones, Photographs, Privacy Concerns

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OSHA Law Alert: Oregon OSHA Issues Proposed Changes to Worker Protection Standard in Agriculture

In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for the application of pesticides and herbicides in agricultural settings, Oregon OSHA has proposed revisions to its…more

OSHA, Pesticides, Proposed Amendments, Workplace Safety

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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Environmental Law Alert: Oregon HB 3086 Allows Consideration of Off-Site Mitigation for Sage Grouse Habitat

Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected. ODFW's…more

Critical Habitat, Endangered Species, Environmental Policies, State Department of Fish and Wildlife

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California Energy Related Bills Introduced in the 2017-2018 Legislative Session

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout the…more

Demand Response, Energy Storage, Job Creation, Local Ordinance, Proposed Legislation

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Deadline Extension For California’s Industrial Storm Water Permit

The new California Industrial General Storm Water Permit (IGP) is scheduled to take effect on July 1, 2015. That date was also the deadline for facilities already operating under the previous 1997 IGP to submit any updates to…more

Compliance, Industrial Storm Water Permit, No Exposure Certification (NEC), Storm Water, Stormwater Multi-Application Reporting & Tracking System (SMARTS)

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New Revisions to Critical Habitat Regulations Leads to New Uncertainty

On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered…more

Amended Regulation, Critical Habitat, Endangered Species Act (ESA), National Marine Fisheries Service, US Fish and Wildlife Service

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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Oregon Enacts State-Wide Paid Employee Sick Leave Which (Mostly) Replaces Local Ordinances in Portland and Eugene

Governor Kate Brown signed into law the new Oregon Paid Sick Leave (“OPSL”) law enacted by the Legislature on June 12. The new law becomes effective January 1, 2016. Oregon is the fourth state to enact a state-wide paid sick…more

Employee Rights, Local Ordinance, New Regulations, Paid Leave, Preemption

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USPTO Joins Cancer Moonshot Effort, Expedites Immunotherapy Patent Applications

On January 12, 2016, President Obama announced a "National Cancer Moonshot" in his State of the Union Address. The Moonshot aims to achieve ten years of progress in cancer research within the next five years. The U.S. Patent and…more

Cancer, Fast Track Process, National Cancer Moonshot, Patent Applications, USPTO Pilot Program

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Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of…more

Department of Agriculture, FDA, Food Labeling, Nutrition Facts Labels

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Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against Chinese CSPV Cells

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty (AD)…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Exporters

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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14 Things You Should Know About the New 2016 Surveying Standards

Effective Tuesday, February 23, 2016, the ALTA/NSPS group has adopted changes to the listing of items to be included in a standard survey (what used to be called an “ALTA/ACSM” survey). The ALTA/NSPS survey standards are the…more

ALTA, Real Estate Transfers, Title Insurance

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IRS Extends ACA Reporting Deadlines

The IRS issued key extensions to looming 2016 information reporting deadlines for applicable large employers. This relief applies only to the deadlines for reporting the coverage that employers offered in 2015..…more

Affordable Care Act, Benefit Plan Sponsors, Employer Group Health Plans, Filing Deadlines, IRS

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OSHA Law Update: Potential Changes to OSHA's Process Safety Management Standard

Last year, President Obama issued Executive Order 13650 which requires the Occupational Safety and Health Administration (“OSHA”) to publish a Request for Information (“RFI”) to identify issues related to modernizing the Process…more

Oil & Gas, OSHA, Request For Information, Workplace Safety

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Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations" Subject to Judicial Review

Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can…more

Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers, Judicial Review

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OSHA Law Alert: Oregon OSHA Issues Proposed Changes to Worker Protection Standard in Agriculture

In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for the application of pesticides and herbicides in agricultural settings, Oregon OSHA has proposed revisions to its…more

OSHA, Pesticides, Proposed Amendments, Workplace Safety

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Oregon Legislature’s Attempt to Protect Pot Users Poses Challenges to Employers

Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use. Employers, on the other hand,…more

Deregulation, Employer Liability Issues, Employment Policies, Medical Marijuana, Proposed Legislation

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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California Supreme Court Prohibits Employers from Implementing “On-Call” Rest Breaks

In Jennifer Augustus v. ABM Security Services, Inc., the California Supreme Court determined that employers are prohibited from implementing “on-call” rest breaks. This holding led the Supreme Court to reinstate an…more

CA Supreme Court, Class Action, Employer Liability Issues, On-Call Employees, Rest and Meal Break

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Patent Law Alert: U.S. Supreme Court Raises the Bar for Patent Owners in Induced Infringement Claims

In a recent decision likely to significantly impact patent holders reliant on method-type claims, the U.S. Supreme Court unanimously ruled in Limelight Networks, Inc. v. Akamai Technologies, Inc. that induced infringement…more

Akamai Technologies, En Banc Review, Induced Infringement, Limelight Networks, Miniauction

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BOLI Releases New Draft Oregon Sick Time Rules

The Oregon Bureau of Labor and Industries (“BOLI”) recently issued new draft rules interpreting and explaining Oregon’s sick time law..…more

BOLI, Comment Period, Proposed Regulation, Sick Leave, Wage and Hour

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California Energy Related Bills Introduced in the 2017-2018 Legislative Session

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout the…more

Demand Response, Energy Storage, Job Creation, Local Ordinance, Proposed Legislation

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Draft Resource Management Plan Amendment Released for Central California Federal Lands

On January 6, 2017, the federal Bureau of Land Management (“BLM”) issued a notice of Draft Resource Management Plan Amendment (“DRMP Amendment”) and Draft Environmental Impact Statement (“DEIS”) for oil and gas leasing and…more

Bureau of Land Management, Comment Period, DOGGR, Federal Land, Mineral Leases

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Energy Tax Alert: Congress Extends Biofuel Incentives

Congress this week passed the Tax Increase Prevention Act of 2014, which extends a number of expired or expiring tax provisions through the end of 2014. The President is expected to sign the Act soon. The Act extends a number of…more

Biofuel, Energy Projects, Energy Sector, Oil & Gas, Tax Extenders

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Minnesota Brownfields Soil Reuse Study Identifies Significant Cost-Saving and Carbon Reduction Opportunities

Stoel Rives environmental analyst Steve Heurung was among the co-authors of a Minnesota Brownfields report commissioned by Hennepin County to evaluate the potential for cost savings associated with the off-site reuse of soil at…more

Brownfield Properties, Carbon Emissions, Information Reports, Pollution Control

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2013 Minnesota Labor and Employment Update

Minnesota employers, take note: laws that impact you are changing this year. Not only did the Minnesota legislature recently expand the use of employee sick leave (as we blogged about here) and legalize same-sex marriage, but…more

Criminal Background Checks, Good Faith, Marriage, New Legislation, Same-Sex Marriage

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Energy Storage Alert: California Public Utilities Commission Approves Utility Energy Storage Procurement Plans

At its business meeting yesterday, the California Public Utilities Commission (“Commission”) unanimously approved procurement plans for Southern California Edison, San Diego Gas and Electric and Pacific Gas and Electric to…more

CPUC, Electricity, Grid Energy Storage, Public Procurement Policies, San Diego Gas & Electric

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EU-US Data Transfer Framework Agreement Announced – Called EU-US Privacy Shield

On Tuesday, February 2, the European Commission and the United States announced a political agreement on a framework for transatlantic data flows called the EU-US Privacy Shield. Currently the announcement appears to be…more

EU, EU-US Privacy Shield, International Data Transfers, US-EU Safe Harbor Framework

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Under Scrutiny from All Sides, Brown Taps Ph.D. in Geology to Lead the DOGGR: What This Means for the Industry and SB 4's Rollout

At last, the new Supervisor of the California Department of Conservation’s Division of Oil, Gas & Geothermal Resources (“DOGGR”) has been announced. Steven Bohlen, currently Program Director at the Lawrence Livermore National…more

DOGGR, Energy, Energy Policy, Geothermal Energy, Oil & Gas

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Corporate Law Alert: Launch of New Oregon Benefit Company Law Produces Record Signups

On January 1, Oregon launched its new benefit company law, becoming the 20th U.S. state to allow the formation of such entities. The launch produced a record-setting response, with 29 registrants signing up for benefit company…more

B Corporation, Benefit Corporations, Choice of Entity, Corporate Social Responsibility, Social Entrepreneurship

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USPTO Joins Cancer Moonshot Effort, Expedites Immunotherapy Patent Applications

On January 12, 2016, President Obama announced a "National Cancer Moonshot" in his State of the Union Address. The Moonshot aims to achieve ten years of progress in cancer research within the next five years. The U.S. Patent and…more

Cancer, Fast Track Process, National Cancer Moonshot, Patent Applications, USPTO Pilot Program

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Idaho Real Estate & Development Law Update: How Much Diligence is Due?

All buyers of real estate know they need to do their homework. That process is sometimes called “due diligence.” But how much diligence is due? The recent decision of the Idaho Supreme Court in Tiller White, LLC v. Canyon…more

Due Diligence, Easements, ID Supreme Court, Real Estate Transactions

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A Plea to Interactive Websites: Check Your Copyright Agent Designations or Prepare to Face Liability for Your Users' Content

On June 30, 2015, a New York court provided a good excuse for anyone with an interactive website to double-check that its copyright agent designations with the U.S. Copyright Office are complete and accurate. Don’t know what…more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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IRS Updates “Beginning of Construction” Guidance

The IRS today issued highly anticipated guidance updating the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (the Code) and the investment tax credit…more

Construction Project, Energy Projects, Energy Sector, Guidance Update, Investment Tax Credits

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FERC Revises Delegation Authority While It Lacks a Quorum

Today is Commissioner Norman Bay’s last day on the job at the Federal Energy Regulatory Commission (FERC), which means that on Monday, FERC will no longer have the quorum of 3 commissioners that is necessary for it to do much of…more

Delegation Authority, FERC, Quorum, Resignation

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U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with…more

Clean Power Plan, Energy Sector, EPA, Order to Stay, SCOTUS

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Washington Employers Face Minimum Wage Increase and Mandatory Paid Sick Leave

On November 8, 2016, Washington voters approved Initiative 1433, amending certain sections of Washington’s wage and hour laws to impose two significant requirements on employers within the state: an increase in the minimum wage…more

Corporate Counsel, Minimum Wage, New Regulations, Sick Leave, Wage and Hour

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California Proposes Emergency Regulation to Ease the Prop 65 Warning Burden on Canned and Bottled Food and Beverage Products

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) added Bisphenol A (“BPA”) to the Proposition 65 (“Prop 65”) list as a chemical known to cause reproductive toxicity, on May 11, 2015. Prop 65 provides…more

BPA, Manufacturers, OEHHA, Proposition 65, Warning Labels

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In Case You Missed It - Interesting Items for Corporate Counsel - December 2016

As the SEC as we know it labors through its last five weeks, we note the following activities: - Publication last week of 35 CDIs, covering a host of topics, including Regulation S and qualified institutional buyer…more

C&DIs, Corporate Counsel, Executive Compensation, Insider Trading, New Guidance

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Alaska Department of Natural Resources Seeks Input on Mining Regulations – Comments Due 4/29/16

The Alaska DNR is requesting public comments on its mining regulations for establishing and maintaining mining claims – 11 AAC Chapter 86. These regulations (as well as related regulations at 11 AAC 82 and 11 AAC 88) establish…more

Department of Natural Resources, Mining, Proposed Regulation, Public Comment, Public Land

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Owners: Have You Protected Your Project Design?

The owner’s rights to use project design documents can be overlooked during contract drafting and negotiation. Standard form design contracts, however, often contain design document terms that weigh heavily in the architect’s…more

Architects, Construction Project, Contract Disputes, Contract Drafting, Contract Negotiations

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Labor & Employment Law Alert: New NLRB Rulings and What They Mean for Your Business

This will bring you up to date on the new NLRB rule on union elections and the NLRB’s new email decision – both issued in December – and what they mean for your business…more

Ambush Election Rules, Chamber of Commerce, Email, Email Policies, Employer Liability Issues

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Washington Supreme Court Limits Attorney-Client Communications with Employed Health Care Practitioners

Last week's decision by the Washington Supreme Court in Youngs v. PeaceHealth has significant implications for health care providers that employ physicians (or other health care practitioners) and the attorneys who represent…more

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Filing a New ITU Trademark Application? Be Prepared to Prove Your Intent

Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as JE SUIS…more

Best Practices, Brand, CAFC, Corporate Counsel, Intent-to-Use

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Idaho Real Estate & Development Law Update: How Much Diligence is Due?

All buyers of real estate know they need to do their homework. That process is sometimes called “due diligence.” But how much diligence is due? The recent decision of the Idaho Supreme Court in Tiller White, LLC v. Canyon…more

Due Diligence, Easements, ID Supreme Court, Real Estate Transactions

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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Proposed Regulations Address REIT Investments in Solar Facilities

The Internal Revenue Service and the U.S. Department of the Treasury recently issued proposed regulations that may facilitate using real estate investment trusts (REITs) as vehicles for financing certain renewable energy…more

Funding, REIT, Renewable Energy, Solar Energy, Solar Panels

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Tax Law Alert: Oregon Rulemaking Would Tax Electricity and Gas Sales by Non-Utilities Differently

The Oregon Department of Revenue is considering rulemaking that would affect whether sales to a “contracted point of delivery” in Oregon are taxed by Oregon vs. another state. “Public utilities” would continue to measure their…more

Commodities, Department of Revenue, Electricity, Energy Sector, Income Taxes

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Oregon Legislature’s Attempt to Protect Pot Users Poses Challenges to Employers

Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use. Employers, on the other hand,…more

Deregulation, Employer Liability Issues, Employment Policies, Medical Marijuana, Proposed Legislation

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Effects of Brexit on Intellectual Property Rights

The recent “Brexit” referendum in which a majority of United Kingdom voters elected to leave the European Union has caused significant political and economic turmoil. It also raises questions about how EU designations for…more

EU, European Union Trade Mark (EUTM), IP License, Patent Cooperation Treaty, UK Brexit

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U.S. Supreme Court Declines to Hear Dispute over California Low Carbon Fuel Standard

Today, the U.S. Supreme Court denied petition for review in Rocky Mountain Farmers Union v. Corey. In Rocky Mountain Farmers, the Ninth Circuit addressed the constitutionality of California’s Low Carbon Fuel Standard (LCFS),…more

Carbon Emissions, Dormant Commerce Clause, Fuel Standards, Oil & Gas, SCOTUS

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New Highway Law Streamlines Federal Permitting and Environmental Review for Large Infrastructure Projects

Earlier this month, President Obama signed the Highway Authorization Act into law. One of the objectives of this legislation was to expedite federal authorization (licensing, permitting, approval, etc.) and environmental review…more

Highway Act, Infrastructure, NEPA

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Energy Tax Law Alert: IRS Updates "Beginning of Construction" Guidance

The IRS today issued Notice 2015-25, updating its prior guidance in Notices 2013-29, 2013-60, and 2014-46, regarding the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the…more

Construction Industry, Construction Project, Contractors, Internal Revenue Code (IRC), Investment Tax Credits

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The City of Portland Issues Rules for “Ban the Box”

We previously blogged about Portland, Oregon’s restrictive “ban the box” ordinance. The City of Portland recently issued administrative rules for its ordinance. The administrative rules are available here. The key provisions…more

Ban the Box, Hiring & Firing, Local Ordinance, New Regulations, Self-Disclosure Requirements

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against Chinese CSPV Cells

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty (AD)…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Exporters

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Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in…more

Agricultural Workers, Corporate Counsel, Farm Workers, Farms, FLSA

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Tax Law Alert: The 2nd Special Session of the 2013 Washington Legislature Adjourned on June 29

The 2nd Special Session of the 2013 Legislature adjourned sine die on June 29, 2013. The accomplishment of this session was passage of a state budget, which had eluded state legislators through the Regular Session that ended…more

B&O Tax, Deficit Reduction, New Legislation, Revenue, State Budgets

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Solar Installer Alert: ITA Delays Trade Case Decision on Chinese Solar Modules | ITC's U.S. Solar Industry Injury Investigation Enters Final Phase

The U.S. International Trade Administration (ITA) has postponed its countervailing duty determination by about two months, leaving the solar industry hanging for a while longer…more

Anti-Dumping Duty, China, Countervailing Duties, ITA, Renewable Energy

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Tax Law Alert: Oregon Rulemaking Would Tax Electricity and Gas Sales by Non-Utilities Differently

The Oregon Department of Revenue is considering rulemaking that would affect whether sales to a “contracted point of delivery” in Oregon are taxed by Oregon vs. another state. “Public utilities” would continue to measure their…more

Commodities, Department of Revenue, Electricity, Energy Sector, Income Taxes

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Southern California Edison to bring 125 MW of clean energy resources to Orange County

Around the country clean energy resources, energy efficiency and demand response are quickly being adopted alongside more traditional resources. Southern California Edison (“SCE”) recently contracted for an assortment of clean…more

Clean Energy, Demand Response, Energy Efficiency, Renewable Energy, Southern California Edison

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Oregon legislators pass historic renewable energy bill, with 50% RPS and coal-fired electricity phaseout

Oregon legislators passed Senate Bill (SB) 1547 into law yesterday, creating aggressive timetables for eliminating coal-fired electricity from the State and setting a 50% Renewable Portfolio Standard (RPS) by 2040. A diverse…more

Coal-Fired Generation, Pending Legislation, Renewable Energy Incentives, Renewable Portfolio Standards, Utilities Sector

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Oil Transportation and Suction Dredge Mining Legislative Topics in Washington Too

Following up on last week’s post about Oregon legislative proposals, here are some of the mineral-related bills currently pending in the Washington State Legislature..…more

Geothermal Energy, Land Use Restrictions, Mining, Oil & Gas, Pending Legislation

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Oregon legislators pass historic renewable energy bill, with 50% RPS and coal-fired electricity phaseout

Oregon legislators passed Senate Bill (SB) 1547 into law yesterday, creating aggressive timetables for eliminating coal-fired electricity from the State and setting a 50% Renewable Portfolio Standard (RPS) by 2040. A diverse…more

Coal-Fired Generation, Pending Legislation, Renewable Energy Incentives, Renewable Portfolio Standards, Utilities Sector

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City of Portland on Fast Track to Adopt Inclusionary Zoning Requirements

More of Portland’s developers are about to find themselves in the affordable housing business. Whether they like it or not…more

Affordable Housing, Public Hearing, Real Estate Development, Urban Planning & Development

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U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified sources…more

Carbon Emissions, Clean Air Act, Comment Period, Energy Sector, EPA

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ESA Law Update: U.S. Fish and Wildlife Service and NMFS Extend Comment Period on Critical Habitat Regulations

On June 20, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (“Services”), the two federal agencies responsible for administering the Endangered Species Act (“ESA”), have announced that they will…more

Critical Habitat, Endangered Species Act (ESA), Environmental Policies, National Marine Fisheries Service, Proposed Regulation

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Washington Supreme Court Establishes Important Energy Siting Precedent

We’re very pleased to report on a significant energy siting victory achieved by our client SDS Lumber Co. and its subsidiary, Whistling Ridge Energy LLC, at the Washington Supreme Court yesterday. We believe the decision sets an…more

Permits, Wind Power

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California Employers Must Carefully Reconsider Whether Employees Can Be Provided With “Suitable Seats” In Light of New Decision

A recent California Supreme Court decision has the potential to affect all California employees who are required to stand while performing parts of their job. In response to numerous lawsuits brought by cashiers, retail…more

CA Supreme Court, CVS, Employer Liability Issues, PAGA, Suitable Seats Lawsuits

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Ralls Continues to Fight Presidential Divestiture Order Stemming from CFIUS Investigation

Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the…more

CFIUS, China, Divestiture, Foreign Investment, Manufacturers

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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Up the Creek Without a Paddle: District Court Holds that Biological Opinion Must Consider Climate Change Impacts

In a narrow win for plaintiff Wild Fish Conservancy (“Plaintiff”), the U.S. District Court for the Eastern District of Washington held that the biological opinion (“BiOp”) for the Leavenworth National Fish Hatchery (“Hatchery”)…more

Climate Change, Critical Habitat, Endangered Species, National Marine Fisheries Service, US Fish and Wildlife Service

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Oil & Gas Law Alert: California Department of Conservation Issues Discussion Draft Rules for Oil Field Wastewater Injection

On January 21, 2017 the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice of Pre-rulemaking Public Comment Period for the development of updates to the regulations…more

Comment Period, Department of Conservation, DOGGR, Oil & Gas, Proposed Regulation

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Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of…more

Department of Agriculture, FDA, Food Labeling, Nutrition Facts Labels

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Alaska Department of Natural Resources Seeks Input on Mining Regulations – Comments Due 4/29/16

The Alaska DNR is requesting public comments on its mining regulations for establishing and maintaining mining claims – 11 AAC Chapter 86. These regulations (as well as related regulations at 11 AAC 82 and 11 AAC 88) establish…more

Department of Natural Resources, Mining, Proposed Regulation, Public Comment, Public Land

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Eighth Circuit Panel Rules Minnesota Climate Change Law Unconstitutional

Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed the…more

Clean Air Act, Corporate Counsel, Dormant Commerce Clause, Energy Sector, Exclusive Jurisdiction

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Implications for Industry of Oregon DEQ's Final Nuisance Odor Strategy

For regulated companies and Associated Oregon Industry members, the publication of the Oregon Department of Environmental Quality's (DEQ) final nuisance odor strategy this past August brought mixed blessings. Among the…more

Environmental Policies, Nuisance

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New Revisions to Critical Habitat Regulations Leads to New Uncertainty

On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered…more

Amended Regulation, Critical Habitat, Endangered Species Act (ESA), National Marine Fisheries Service, US Fish and Wildlife Service

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Oil & Gas Law Alert: California Department of Conservation Issues Discussion Draft Rules for Oil Field Wastewater Injection

On January 21, 2017 the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice of Pre-rulemaking Public Comment Period for the development of updates to the regulations…more

Comment Period, Department of Conservation, DOGGR, Oil & Gas, Proposed Regulation

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Health Care Alert: ACA Health Insurance Subsidies Called into Question by DC Circuit

Yesterday, a divided three judge panel of the United States Court of Appeals for the DC Circuit struck down the IRS regulation allowing federal premium subsidies for individuals buying health insurance at Exchanges/Marketplaces…more

Affordable Care Act, Chevron Deference, Employer Mandates, Health Insurance, Health Insurance Exchanges

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California Energy Related Bills Introduced in the 2017-2018 Legislative Session

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout the…more

Demand Response, Energy Storage, Job Creation, Local Ordinance, Proposed Legislation

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Energy Law Alert: California Cap and Trade Auctions Upheld as Constitutional

The Sacramento Superior Court has upheld the constitutionality of California Air Resources Board's ("ARB") cap and trade auctions in the related cases California Chamber of Commerce v. ARB and Morning Star Packing Company v…more

Cap-and-Trade, Carbon Emissions, Climate Change, Energy, Energy Policy

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Native American Business Law Alert: Significant Tax and Applicable Law Ambiguity in Proposed Revisions for Indian Lands Rights-of-Way Regulations

The Bureau of Indian Affairs (BIA) is proposing to revise the process for obtaining and administering rights-of-way (ROWs) on Indian lands. While the proposed regulations seek to make improvements and clarifications benefiting…more

BIA, Taxation, Tribal Lands

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New Drug Testing Rules in Oregon Follow OSHA

Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.) However, as we blogged previously, many states have their own reporting…more

Anti-Retaliation Provisions, Drug Testing, OSHA, Reporting Requirements, Workplace Injury

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Another Setback for Student Athletes … or Is It?

On December 5, 2016, Berger v. National Collegiate Athletic Association brought a major setback for those advocating that “student athletes” deserve to be compensated for their contributions to the multi-billion-dollar industry…more

Appeals, College Athletes, Employee Definition, FLSA, NCAA

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Crowdfunding: A Potential Cash Source for Business That Could Make a Well-Intentioned Company's Financial State Worse

“Crowdfunding”: In broad terms, it’s a decade-old means to an end for those with bright ideas and dim financials who hope to bring an inspired cause to market. As established as the practice is, with the more recent explosion of…more

Capital Formation, Corporate Counsel, Crowdfunding, Entrepreneurs, FTC

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ESA Law Update: U.S. Fish and Wildlife Service Proposes to List West Coast Population of Fisher as Threatened Under Endangered Species Act

The U.S. Fish and Wildlife Service (FWS) announced yesterday its proposal to list the West Coast population of the fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (ESA). The scientific…more

Endangered Species Act (ESA), ESA Listings, Public Comment, US Fish and Wildlife Service

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Economic Development Law Alert: Idaho Targets Job Creation With New Refundable State Income Tax Credit for Business

Job creation efforts in Idaho received a boost earlier this month, when a new refundable state income tax credit for new or existing businesses went into effect. The Idaho Reimbursement Incentive Act creates a tax credit that is…more

Full-Time Employees, Job Creation, Prevailing Wages, State Taxes, Tax Incentives

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Seattle's $15 Minimum Wage Ordinance Becomes Law

Seattle's Minimum Wage Ordinance becomes law on April 1, 2015, raising the minimum hourly wage for Seattle's lowest paid workers. On March 30, 2015 the City's new Office of Labor Standards released the final regulations under…more

Local Ordinance, Minimum Wage, New Regulations, Wage and Hour

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Another Setback for Student Athletes … or Is It?

On December 5, 2016, Berger v. National Collegiate Athletic Association brought a major setback for those advocating that “student athletes” deserve to be compensated for their contributions to the multi-billion-dollar industry…more

Appeals, College Athletes, Employee Definition, FLSA, NCAA

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IRS Updates “Beginning of Construction” Guidance

The IRS today issued highly anticipated guidance updating the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (the Code) and the investment tax credit…more

Construction Project, Energy Projects, Energy Sector, Guidance Update, Investment Tax Credits

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Employers Have More to be Thankful For: New "Salary Basis" Overtime Rules Enjoined

Most employers have been frantically preparing for the new overtime regulations issued by the Department of Labor. Due to go into effect on December 1, those regulations would have doubled the required salary for the…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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MSHA’s New Rule on Workplace Examinations at Metal/Non-Metal Mines Scheduled to Take Effect Despite Regulatory Freeze

On January 23, and for the first time in nearly 40 years, the Mine Safety and Health Administration (“MSHA”) issued new rules governing the way in which metal/non-metal mine operators must conduct their regular workplace…more

Coal Industry, Industry Examinations, Mine Safety and Health Administration (MSHA), Mining, Workplace Safety

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Appeals Court Sides with Wind Farm on PPA Risk Allocation

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court settled…more

Contract Disputes, Duke Energy, MISO, Power Purchase Agreements, Reversal

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Wyoming Court Strikes Down BLM Hydraulic Fracturing Rule; Existing Appeal Remains Pending (For Now)

As we’ve previously reported, a Wyoming federal court issued a preliminary injunction order last year that temporarily halted the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands. …more

Bureau of Land Management, Final Rules, Fracking, Oil & Gas, Preliminary Injunctions

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What Tom Brady, Underinflated Footballs, and “Deflategate” Teach Employers About Arbitration

Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.” In the 1970s, for example, legendary Oakland…more

Arbitration Awards, Athletes, Collective Bargaining Agreements (CBA), Deflategate, New England Patriots

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Litigation Alert: Washington Supreme Court Clears Up Ambiguity on "Holder" versus "Owner" of Secured Notes

The Washington Supreme Court, sitting en banc, affirmed in Brown v. Washington State Department of Commerce the Department of Commerce’s denial of a mediation request under the Foreclosure Fairness Act (FFA) made by a borrower…more

Banks, Exemptions, Foreclosure, Mediation, Promissory Notes

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California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth…more

Audio Recording, Data Collection, Drones, Photographs, Privacy Concerns

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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Environmental Law Alert: FWS Extends Eagle "Take" Permit to 30 Years | What You Need to Know

It's official. On Friday, the U.S. Fish and Wildlife Service ("FWS") issued for public inspection a final rule to extend the maximum term for programmatic "take" permits under the Bald and Golden Eagle Protection Act ("Eagle…more

Endangered Species, Endangered Species Act (ESA), Environmental Policies, ESA Listings, US Fish and Wildlife Service

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Construction Law Alert: New Amendment to Washington's Contractor Registration Act

Construction and Design Additionally, “contractor” was defined in the statute to include those who offer “to sell their property without occupying or using the structures, projects, developments, or improvements for more than…more

Construction Industry, Contractors, Prime Contractor, Real Estate Development, Registration Requirement

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The City of Portland Issues Rules for “Ban the Box”

We previously blogged about Portland, Oregon’s restrictive “ban the box” ordinance. The City of Portland recently issued administrative rules for its ordinance. The administrative rules are available here. The key provisions…more

Ban the Box, Hiring & Firing, Local Ordinance, New Regulations, Self-Disclosure Requirements

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Tax Law Alert: The 2nd Special Session of the 2013 Washington Legislature Adjourned on June 29

The 2nd Special Session of the 2013 Legislature adjourned sine die on June 29, 2013. The accomplishment of this session was passage of a state budget, which had eluded state legislators through the Regular Session that ended…more

B&O Tax, Deficit Reduction, New Legislation, Revenue, State Budgets

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2016 Oregon Legislative Update: What You Might Have Missed

Oregon’s new minimum wage law, signed by Governor Brown on March 2, 2016, received a lot of press during the 2016 legislative session. This new law establishes a tiered system for determination of the minimum wage based on the…more

Governor Brown, Minimum Wage, Payroll Records, Whistleblower Protection Policies

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Water Quality Law Alert: CA State Water Control Board Opens Public Comment on "Final Draft" of Long-Anticipated Industrial Storm Water General Permit

As previously reported by my colleague Melissa Foster, on July 19, 2013, the State Water Board published the "Final Draft" of the NPDES Industrial Storm Water General Permit, which is intended to replace the previous version of…more

Clean Water Act, Industrial Discharges, Industrial Stormwater Rule, Permits, Storm Water

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Developments in Employee Benefits Law: Same-Sex Marriage and Title VII’s Protection for LGBT Employees

A number of recent legal changes will have a notable impact on employee benefits law both now and in the future. Some of the most significant of those changes are the U.S. Supreme Court’s same-sex marriage decision in…more

EEOC, Employee Benefits, Employer Liability Issues, Federal Aviation Administration (FAA), Obergefell v. Hodges

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City of Portland on Fast Track to Adopt Inclusionary Zoning Requirements

More of Portland’s developers are about to find themselves in the affordable housing business. Whether they like it or not…more

Affordable Housing, Public Hearing, Real Estate Development, Urban Planning & Development

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Labor & Employment Law Under President-Elect Trump

In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers? Trump has thus far given few details on his thoughts on labor and employment. But with…more

Affordable Care Act, Barack Obama, Cadillac Tax, Class Action Arbitration Waivers, DOL

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Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against Chinese CSPV Cells

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty (AD)…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Exporters

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IRS Updates “Beginning of Construction” Guidance

The IRS today issued highly anticipated guidance updating the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (the Code) and the investment tax credit…more

Construction Project, Energy Projects, Energy Sector, Guidance Update, Investment Tax Credits

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Study Suggests EPA Underestimated Natural Gas Methane Emissions, But Not for Fracking, and EPA Releases Study Examining Fracking Emissions Controls

In several recent studies on methane emissions relating to the natural gas industry, scientists concluded that the U.S. Environmental Protection Agency (EPA) underestimated the quantity of methane the industry releases to the…more

Carbon Emissions, EPA, Fracking, Methane, Natural Gas

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Tax Law Alert: Oregon's 2013 Special Legislative Session Passes Changes to Oregon Tax Law

The special legislative session called by Governor Kitzhaber adjourned on October 2, 2013, after passing a "grand bargain" primarily implementing cost and benefit reductions to Oregon's public employees retirement system (PERS),…more

Retirement, Tax Reform

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New Laws Reform California’s Surface Mining and Reclamation Act

True to his word, Governor Jerry Brown signed two bills, AB 1142 and SB 209, into law on Monday to reform California’s Surface Mining and Reclamation Act (SMARA). Now, before getting too excited, keep in mind that the new laws…more

CEQA, Fines, Governor Brown, Inspections, Mining

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New Drug Testing Rules in Oregon Follow OSHA

Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.) However, as we blogged previously, many states have their own reporting…more

Anti-Retaliation Provisions, Drug Testing, OSHA, Reporting Requirements, Workplace Injury

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Oil & Gas Law Alert: California Department of Conservation Issues Discussion Draft Rules for Oil Field Wastewater Injection

On January 21, 2017 the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice of Pre-rulemaking Public Comment Period for the development of updates to the regulations…more

Comment Period, Department of Conservation, DOGGR, Oil & Gas, Proposed Regulation

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California Cap-and-Trade Lawsuit Hits Milestone with Oral Argument at the Court of Appeal

Yesterday, California’s Third District Court of Appeal heard oral argument in the related cases California Chamber of Commerce v. California Air Resources Board and Morning Star Packing Co. v. California Air Resources Board. …more

Cap-and-Trade, CARB, Chamber of Commerce, Constitutional Challenges, Greenhouse Gas Emissions

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Chile Announces New Public Land Concessions for Non-Conventional Renewable Energy Projects

On October 1, 2014, Víctor Osorio, Chile’s Minister of Natural Resources, announced that 200 public land concessions were being made available, through a cooperation agreement with the Ministry of Energy, to Non-Conventional…more

Chile, Cooperation Agreement, Energy Projects, Public Land, Renewable Energy

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Draft Resource Management Plan Amendment Released for Central California Federal Lands

On January 6, 2017, the federal Bureau of Land Management (“BLM”) issued a notice of Draft Resource Management Plan Amendment (“DRMP Amendment”) and Draft Environmental Impact Statement (“DEIS”) for oil and gas leasing and…more

Bureau of Land Management, Comment Period, DOGGR, Federal Land, Mineral Leases

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Bill Targeting 50% RPS Introduced in California Legislature

In his inaugural address earlier this month, Governor Brown, referenced several ambitious goals he would like to see accomplished over the next 15 years, including increasing from one-third to 50 percent the amount of…more

Electricity, Energy Policy, Jerry Brown, Renewable Energy, Renewable Portfolio Standards

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Energy Tax Law Alert: IRS Rules That Payment for Intertie Constitutes Taxable Contribution in Aid of Construction

The IRS has issued a private letter ruling concluding that the reimbursement by a solar electric generator of an electric distribution company’s costs to construct an intertie is a contribution in aid of construction under…more

Electricity, IRS, Private Letter Rulings, Solar Energy

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Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood…more

Historic Preservation, Historical Landmarks, National Historic Preservation Act, National Park Service, Native American Issues

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Southern California Environmental Update #2

This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback…more

Administrative Appointments, Air Quality Standards, CARB, Center for Biological Diversity, EPA

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U.S. District Court Judge Puts "Blacklisting" Rules on Hold

On October 24, 2016, one day before the "blacklisting" rules for federal On October 24, 2016, one day before the "blacklisting" rules for federal contractors that stem from the Fair Pay and Safe Workplaces Executive Order were…more

Blacklist, Disclosure Requirements, DOL, Executive Orders, Fair Pay and Safe Workplaces

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CFIUS Issues Its 2013 Annual Report to Congress

Number of Filings by Chinese Acquirers Increased Dramatically; First Transaction Blocked by Presidential Order Since 1990 - The Committee on Foreign Investment in the United States (CFIUS), a multi-agency U.S. government…more

Acquisitions, CFIUS, China, National Security

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California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms

The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the sums…more

Attorney's Fees, Chemicals, OEHHA, Proposition 65, Public Benefits

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New Drug Testing Rules in Oregon Follow OSHA

Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.) However, as we blogged previously, many states have their own reporting…more

Anti-Retaliation Provisions, Drug Testing, OSHA, Reporting Requirements, Workplace Injury

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Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a…more

Amended Legislation, Biofuel, CEQA, Exemptions, Native American Issues

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U.S. Supreme Court Upholds FERC Demand Response Rule in Energy Story of the Year

In the biggest consumer energy story of the day, and perhaps the decade, the U.S. Supreme Court today upheld FERC’s jurisdictional authority in FERC Order 745. Read the Decision here (PDF). The so called Demand Response Rule…more

Demand Response, Energy Sector, FERC, Jurisdiction, Renewable Energy

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New Highway Law Streamlines Federal Permitting and Environmental Review for Large Infrastructure Projects

Earlier this month, President Obama signed the Highway Authorization Act into law. One of the objectives of this legislation was to expedite federal authorization (licensing, permitting, approval, etc.) and environmental review…more

Highway Act, Infrastructure, NEPA

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with…more

Clean Power Plan, Energy Sector, EPA, Order to Stay, SCOTUS

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Yvanova v. New Century Mortgage Corp.: Perceived Victories And Defeats On All Sides

In the area of consumer lending litigation, plaintiffs’ and defense attorneys alike have waited with bated breath for the California Supreme Court to issue its decision in Yvanova v. New Century Mortgage Corp. The decision was…more

Assignments, CA Supreme Court, Deed of Trust, Mortgage Lenders, Non-Judicial Foreclosures

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U.S. Supreme Court Clarifies Patent Eligibility Standards

In a recent decision, Alice Corp. v. CLS Bank Int’l, the U.S. Supreme Court clarified the test for determining whether a patent falls within one of the exceptions to patent eligibility under Section 101 of the Patent Act. The…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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EU-US Data Transfer Framework Agreement Announced – Called EU-US Privacy Shield

On Tuesday, February 2, the European Commission and the United States announced a political agreement on a framework for transatlantic data flows called the EU-US Privacy Shield. Currently the announcement appears to be…more

EU, EU-US Privacy Shield, International Data Transfers, US-EU Safe Harbor Framework

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Contact

760 SW Ninth Avenue, Suite 3000
Portland, Oregon 97205, United States

  • (503) 224-3380
  • (503) 220-2480

Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alaska
  • California
  • D.C.
  • Idaho
  • Minnesota
  • Oregon
  • Utah
  • Washington
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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