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Martin Banks

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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Carissa Beecham

Failure to Comply With LAFCO Procedural Requirements Proves Fatal to CEQA Suit

In Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (filed January 28, 2014) (“Protect Agricultural Land”), the Fifth District Court of Appeal affirmed judgment on the pleadings in favor of the…more

CEQA, Environmental Liability, Environmental Policies

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Sara Bergan

Minnesota Commission Punts on Resource Decision: Keeps Solar in the Game

After the years of inconclusive resource planning, months of contested case proceedings, and days of oral argument, discussion and review that led to today’s deliberations, the Minnesota Public Utilities Commission…more

Energy, Solar Energy, Utilities Sector

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Thomas Braun

Minnesota Legislature Looks to Jump Start Renewable Energy Exports

The Minnesota State Legislature is currently debating a bill that would ease the regulatory burden on independent power producers looking to export wind and solar energy generated in Minnesota…more

Exports, Renewable Energy, Solar Energy, Wind Power

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Andrew Brimmer

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, Environmental Policies

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Terry Briscoe

College Football Players Are Employees? Who's Next?

The NLRB’s Regional Director in Chicago issued a decision on March 26 in 13-RC-121359 finding the football players at Northwestern University are employees under the NLRA, over the objections of the University. The Regional…more

College Athletes, NLRB, Unions

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Howard Bye-Torre

IRS Guidance On Delay in Implementing Pay-or-Play Penalties of ACA Health Care Reform Law

The IRS issued Notice 2013-45 recently, the official guidance document explaining the one-year delay in the implementation of the employer pay-or-play penalties under the Patient Protection and Affordable Care Act ("PPACA")…more

Affordable Care Act, Delays, Employer Mandates, Healthcare, Healthcare Reform

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Stephanie Cason

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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Kristen Castaños

City Officials Dodge Disclosure of Private Emails and Texts Under Public Records Act

In a case that seems sure to jump-start legislative activity in Sacramento and throughout the state, the court in City of San Jose v. Superior Court (6th App. Dist., Mar. 27, 2014), held that communications regarding City…more

Disclosure, Electronic Communications, Electronic Devices, Emails, Public Records Act

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Juliet Cho

No Bull: Santa Cruz County Rodeo Qualifies for CEQA Exemption

In Citizens for Environmental Responsibility v. State of California ex rel. 14th District Agricultural Association, et al. (3rd App. Dist., March 26, 2014), the appellate court affirmed the trial court’s decision to exempt a…more

CEQA, Environmental Policies

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Barbara Craig

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, Environmental Policies, ESA Listings, Fish and Wildlife Service

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Keelin Curran

Safeguarding FSMA's Protectors: OSHA Issues Interim Whistleblower Reporting Regulations

Our colleague, Alyson Palmer, noted on our Food Liability Law Blog that the U.S. Occupational Safety and Health Administration (OSHA) published an interim final rule on February 13, 2014 creating the process for handling…more

Food Safety, FSMA, OSHA, Reporting Requirements, Whistleblowers

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Sarah Stauffer Curtiss

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, Environmental Policies, ESA Listings, Fish and Wildlife Service

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Jim Dale

No Harassment, No Problem: Idaho Court Holds Harassing Comments May Still Support Liability for Negligent Infliction of Emotional Distress

A November 27, 2013 opinion from the Idaho Supreme Court reinstated a former Assistant Vice Principal’s claim seeking damages for negligent infliction of emotional distress. This decision highlights that allegedly harassing…more

Harassment, Hostile Environment, Negligent Infliction of Emotional Distress, Public Schools, Sexual Harassment

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Tony DeCristoforo

A Not-So Happy New Year for California Employers: 2014 Legislative Update

It has become an annual New Year’s tradition in California -- employers getting up to speed on a host of new employment laws that will affect them in the coming year. The California Legislature was busy in 2013 imposing new…more

Crime Victims, Discrimination, Employee Rights, Employer Liability Issues, Legislative Agendas

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Neva DePalma

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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Parissa Ebrahimzadeh

Why California Breweries, Distilleries, and Wineries Need to Know About California's New Industrial Storm Water Permit

On April 1, 2014, the California State Water Resources Control Board (“State Board”) unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting…more

Clean Water Act, Industrial Stormwater Rule, Manufacturers, Water Resources Control Board, Wine & Alcohol

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Jay Eckhardt

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

Antidumping Duties, China, Countervailing Duties, ITA, Renewable Energy

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Lou Ferreira

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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Jerry Fish

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, Department of Fish and Wildlife, Endangered Species, Environmental Policies

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Melissa Foster

Why California Breweries, Distilleries, and Wineries Need to Know About California's New Industrial Storm Water Permit

On April 1, 2014, the California State Water Resources Control Board (“State Board”) unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting…more

Clean Water Act, Industrial Stormwater Rule, Manufacturers, Water Resources Control Board, Wine & Alcohol

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Ryan Gibson

Top 25 FAQs Employers May Have About Implementing the New Portland Paid Sick Leave Ordinance in 2014

In March 2013, the Portland City Council passed the new Portland Paid Sick Leave Ordinance requiring all but the smallest employers to provide paid sick leave (“PSL”) for employees who work within city limits. On November 1, the…more

FMLA, Local Ordinance, Municipalities, Notice Requirements, Paid Leave

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Anne Glazer

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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Gary Glisson

New Domain Name ".solar" is Now Available

As many of you know, all businesses worldwide are facing the opportunities and perils of a vast expansion of internet domain names. The Solar Industry is on the front row of this new domain name game with a generic top-level…more

Domain Names, gTLD, ICANN, Internet

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Rebecca Guiao

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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Todd Hanchett

(Plaintiff's) Paradise Found? Ninth Circuit Allows Title VII Claim, Omitted in Bankruptcy Petition, To Proceed

“Bankruptcy?” you ask. “Why are employment lawyers talking about bankruptcy?” Well, in fact, there are times when bankruptcy can provide a defense to employment discrimination claims. It involves a principle known as “judicial…more

Consumer Bankruptcy, Discrimination, Filing Requirements, Judicial Estoppel, Mistake

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Bryan Hawkins

California Court of Appeal Affirms That It Pays To Be the Squeaky Wheel

In a time when California courts are busier than ever, the California Court of Appeal recently did double duty by issuing an opinion that both decided an issue of first impression in California and implicitly approved Senate…more

FEHA, Harassment, Sexual Harassment

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Melissa Healy

Part 2 of 2: Supreme Court Rules That "Supervisors" Under Title VII Must Have Power to Take Tangible Employment Actions

On Monday, we blogged about the first of two recent U.S. Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”), University of Texas Southwestern Medical Center v. Nassar. Today, we’ll…more

Civil Rights Act, Discrimination, Employer Liability Issues, Harassment, Racial Discrimination

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Thomas Henry

SB 4 Interim Emergency Regulations Contain Significant Changes Following Public Comment Period

After a five-day comment period over the Christmas and New Year's Day holidays, the Division of Oil, Gas and Geothermal Resources' ("DOGGR") emergency regulations are final and now in effect. The revisions, while few, are…more

DOGGR, Environmental Policies, Groundwater, Water

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Chris Heuer

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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Anna Hickman

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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Seth Hilton

CPUC Adopts Transitional Net Metering Rules for Pre-Existing Distributed Generation Systems

On Thursday, March 27, 2014, the California Public Utilities Commission established rules for transitioning distributed generation renewable energy systems from the current net energy metering (NEM) arrangement to the successor…more

CPUC, Energy, Utilities Sector

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Chelsea Huffman

Second Chance at a Hydraulic Fracturing Moratorium Moves Past First Major Obstacle

Senator Holly Mitchell (D-Los Angeles) and other supporters of SB 1132 cleared their first major hurdle in their renewed effort to place a moratorium on hydraulic fracturing and other forms of well stimulation treatment in the…more

Energy, Environmental Policies, Fracking, Fracking Bans, Moratorium

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Mary Hull

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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Greg Jenner

Biofuels Law Alert: IRS Addresses the Identity of the "Producer" in Contract Manufacturing Arrangements

Last week the IRS released an internal memorandum addressing which of the parties to a contract manufacturing arrangement for biodiesel is treated as the “producer” of the biodiesel for certain federal tax purposes…more

Biofuel, Diesel Fuel, Energy Tax Incentives, IRS, Renewable Fuel

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Jason Johns

California's Utilities Must Lower Barriers to Energy Storage Systems

In a proposed decision issued today from the California Public Utilities Commission, an administrative law judge (ALJ) determined that energy storage devices (i) that are paired with net energy metering- (NEM) eligible…more

ALJ, CPUC, Grid Energy Storage, Net-Energy Metering, Tariffs

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Karin Jones

Washington Supreme Court Holds That the WLAD Exemption for Non-Profit Religious Organizations is Unconstitutional as Applied to Certain Employees

The Washington Supreme Court has significantly limited non-profit religious organizations’ immunity from employment discrimination claims brought under the Washington Law Against Discrimination (“WLAD”), RCW 49.60. In Ockletree…more

Anti-Discrimination Policies, Discrimination, Non-Profits, Religious Institutions

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Melissa Jones

Prop 65 Law Alert: California Proposes Significant Changes to Proposition 65 Warning Requirements

On March 7, 2014, the Office of Environmental Health Hazard Assessment (“OEHHA”), the agency responsible for implementing California’s Proposition 65 (“Prop 65”), issued proposed changes to existing regulations that would make…more

Manufacturers, Medical Devices, Prescription Drugs, Proposition 65, Warning Labels

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James Kearney

In Case You Missed It - Interesting Items for Corporate Counsel

The Director of the SEC’s Division of Corporation Finance, Keith Higgins, recently gave the keynote address, here, at the 2014 Angel Capital Association Summit. He focused on the following three items on the SEC rulemaking…more

Accredited Investors, Angel Investors, Conflict Mineral Rules, Corporate Counsel, Cybersecurity

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Chris Kitchel

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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Steven Klein

New Domain Name ".solar" is Now Available

As many of you know, all businesses worldwide are facing the opportunities and perils of a vast expansion of internet domain names. The Solar Industry is on the front row of this new domain name game with a generic top-level…more

Domain Names, gTLD, ICANN, Internet

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Adam Kobos

Biofuels Law Alert: IRS Addresses the Identity of the "Producer" in Contract Manufacturing Arrangements

Last week the IRS released an internal memorandum addressing which of the parties to a contract manufacturing arrangement for biodiesel is treated as the “producer” of the biodiesel for certain federal tax purposes…more

Biofuel, Diesel Fuel, Energy Tax Incentives, IRS, Renewable Fuel

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Eric Kodesch

Tax Law Alert: Sales Factor Excludes Amounts Received from the Sale of Goodwill

In a case argued by Stoel Rives, the Oregon Supreme Court upheld the judgment of the Oregon Tax Court in favor of Tektronix, Inc. The Supreme Court ruled that, for purposes of apportioning income, the sales factor excluded…more

Acquisitions, Corporate Taxes, Goodwill, Gross Receipts Tax, Income Apportionment

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Jeffrey Leppo

Final ESA Rule Changes to Impact Analyses in Critical Habitat Designations

Effective October 30, 2013, a final rule issued jointly by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the "Services") modifies when and how the Services analyze impacts, including…more

Critical Habitat, Endangered Species, Endangered Species Act, Fish and Wildlife Service, National Marine Fisheries Service

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Carl Lewis

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

On September 20th, the IRS issued Notice 2013-60, which updates prior guidance, contained in Notice 2013-90, regarding the "begin-construction" requirement for the production tax credit (PTC) under Section 45 of the Internal…more

Construction Contracts, Energy Tax Incentives, Investment Tax Credits, IRC, IRS

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Morten Lund

Energy Law Alert: California Public Utilities Commission Approves 1,325 MW Energy Storage Procurement Target for California Utilities

At its meeting this morning, the California Public Utilities Commission unanimously approved a decision establishing an energy storage procurement target for California's investor-owned utilities (IOUs), electric service…more

Energy, Grid Energy Storage, Procurement Guidelines, Utilities Sector

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Chauncey MacLean

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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Mike Mangelson

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

Antidumping Duties, China, Countervailing Duties, ITA, Renewable Energy

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Robert Manicke

Tax Law Alert: Sales Factor Excludes Amounts Received from the Sale of Goodwill

In a case argued by Stoel Rives, the Oregon Supreme Court upheld the judgment of the Oregon Tax Court in favor of Tektronix, Inc. The Supreme Court ruled that, for purposes of apportioning income, the sales factor excluded…more

Acquisitions, Corporate Taxes, Goodwill, Gross Receipts Tax, Income Apportionment

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Chad Marriott

NV Energy Wants More Solar

NV Energy is in the market for solar. On March 10, 2014, the utility issued a Request for Information (“Solar Site RFI”), asking developers to help identify potential sites for solar projects that would be 20 MW AC or greater in…more

Request For Information, Solar Energy

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Jennifer Martin

Negotiating a Liquidated Damages Clause in Texas? Get Out Your Crystal Ball.

"Don't mess with Texas." Apparently the slogan even applies to liquidated damages clauses. This morning, the Supreme Court of Texas issued a decision in a drawn-out fight between wind developer FPL Energy and the power…more

Liquidated Damages

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Tim McMahan

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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Alexandra Mertens

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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Anthony Miles

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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Michael Mills

Second Chance at a Hydraulic Fracturing Moratorium Moves Past First Major Obstacle

Senator Holly Mitchell (D-Los Angeles) and other supporters of SB 1132 cleared their first major hurdle in their renewed effort to place a moratorium on hydraulic fracturing and other forms of well stimulation treatment in the…more

Energy, Environmental Policies, Fracking, Fracking Bans, Moratorium

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Claire Mitchell

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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Ramona Monroe

Services Propose New Regulations For Incidental Take Under the Endangered Species Act

On September 4, 2013, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) jointly proposed new regulations governing the issuance of "incidental take statements" (ITSs) under Section 7 of the…more

Endangered Species Act, Fish and Wildlife Service, Incidental Take Permits, National Marine Fisheries Service

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Andrew Moratzka

Minnesota Commission Punts on Resource Decision: Keeps Solar in the Game

After the years of inconclusive resource planning, months of contested case proceedings, and days of oral argument, discussion and review that led to today’s deliberations, the Minnesota Public Utilities Commission…more

Energy, Solar Energy, Utilities Sector

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J. Mark Morford

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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Jason Morgan

Final ESA Rule Changes to Impact Analyses in Critical Habitat Designations

Effective October 30, 2013, a final rule issued jointly by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the "Services") modifies when and how the Services analyze impacts, including…more

Critical Habitat, Endangered Species, Endangered Species Act, Fish and Wildlife Service, National Marine Fisheries Service

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Brian Nese

SDG&E Issues Renewables RFO

On December 16, 2013, San Diego Gas & Electric Company (SDG&E) issued its 2013 Request for Offers ("RFO") seeking Eligible Renewable Resources. This solicitation will facilitate SDG&E’s compliance with California’s Renewables…more

Electricity, Renewable Energy

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Graham Noyes

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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Michael O'Connell

Hydropower Law Alert: President Obama Signs Groundbreaking Bipartisan Hydropower Legislation Into Law

On Friday August 9, 2013, President Obama signed two bills into law that will streamline the regulatory process for small hydropower projects across the country. In addition to the practical impacts on the regulatory process,…more

Clean Energy, DOE, Energy Policy, FERC, Hydropower

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Timothy O'Connell

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

See All Updates »

Cherise Oram

Final ESA Rule Changes to Impact Analyses in Critical Habitat Designations

Effective October 30, 2013, a final rule issued jointly by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the "Services") modifies when and how the Services analyze impacts, including…more

Critical Habitat, Endangered Species, Endangered Species Act, Fish and Wildlife Service, National Marine Fisheries Service

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Kevin Pearson

Biofuels Law Alert: IRS Addresses the Identity of the "Producer" in Contract Manufacturing Arrangements

Last week the IRS released an internal memorandum addressing which of the parties to a contract manufacturing arrangement for biodiesel is treated as the “producer” of the biodiesel for certain federal tax purposes…more

Biofuel, Diesel Fuel, Energy Tax Incentives, IRS, Renewable Fuel

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Sarah Johnson Phillips

Xcel Announces 150 MW Solar RFP

This morning, Xcel Energy announced plans to issue a Request for Proposals (RFP) for up to 150 MW of solar energy generation. Xcel included its RFP plans in a filing submitted to the Minnesota Public Utilities Commission…more

Renewable Energy, Solar Energy

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Andrew Pieper

Debates Continue Over Taxes And Fees On Hydraulic Fracturing In Ohio And Pennsylvania

In exchange for a $2.6 billion cut to Ohio’s state income taxes, Gov. John Kasich has proposed a package of tax increases in other areas. Included among those increases would be the gradual implementation of a 2.75 percent tax…more

Energy, Fracking, Fracking Bans, Oil & Gas

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Edward Piper

David Nosal, Employee Data Theft, and Why Employment Lawyers Should Understand Their Clients' IT Infrastructure

Earlier this month, a federal judge in San Francisco sentenced David Nosal to a year in prison, three years’ supervised release, 400 hours of community service, and $60,000 in fines. His crime? Nosal violated the Computer Fraud…more

CFAA, Data Breach, Data Protection, Data Theft, Industrial Espionage

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Per Ramfjord

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, Environmental Policies, ESA Listings, Fish and Wildlife Service

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G. Kim Risenmay

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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S. Wayne Rosenbaum

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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Jeremy Sacks

What the Federal Government's New Marijuana Guidance Means for Washington Businesses

On Thursday, the U.S. Department of Justice finally addressed its enforcement strategy as it relates to the recent Washington and Colorado initiatives legalizing marijuana in those jurisdictions. In a memo issued to U.S…more

Criminal Prosecution, DOJ, Marijuana

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Robin Seifried

EPA Releases Final Guidance for Fracking Using Diesel Fuels

Last week, the US Environmental Protection Agency (EPA) issued final Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels under its Underground Injection Control (UIC) program. The final…more

Diesel Fuel, Drinking Water, EPA, Fracking, Oil & Gas

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Elisabeth Shellan

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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Michael Sherman

Proposed Sage-Grouse Protections May Impact Mining Along the California-Nevada Border

On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the…more

Endangered Species, Endangered Species Act, ESA Listings, Fish and Wildlife Service, Mining

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Allison Smith

U.S. Supreme Court Hears Arguments in Landmark Case on Federal Greenhouse Gas Regulation

My colleague, Daniel Lee, followed oral argument yesterday in the U.S. Supreme Court's consideration of federal greenhouse gas (GHG) regulation in Utility Air Regulatory Group v. EPA, and provides this analysis..…more

Chevron Deference, Clean Air Act, EPA, Greenhouse Gas Emissions, PSD

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Roger Stark

DOD Should Consider Adding Fast-Ramping Generation to its Procurement Planning

Intermittent resources create unique challenges for 21st Century Utilities, RTO's and System Operators. The now infamous "Duck Chart" highlights a key element of the problem -- central station thermal plants cannot ramp…more

DOD, Power Plants, Public Procurement Policies, Renewable Energy, RTO

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Ryan Steen

Proposed Sage-Grouse Protections May Impact Mining Along the California-Nevada Border

On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the…more

Endangered Species, Endangered Species Act, ESA Listings, Fish and Wildlife Service, Mining

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Howard Susman

CPUC Adopts Transitional Net Metering Rules for Pre-Existing Distributed Generation Systems

On Thursday, March 27, 2014, the California Public Utilities Commission established rules for transitioning distributed generation renewable energy systems from the current net energy metering (NEM) arrangement to the successor…more

CPUC, Energy, Utilities Sector

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Christopher Voss

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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Bao Vu

Court Clarifies "Taking" Of Endangered Species And Highlights What's "Enough" Under CEQA

In Ctr. for Biological Diversity v. Dep’t of Fish & Wildlife, No. B245141 (Cal. Ct. App. 2d Dist. Mar. 20, 2014), the appellate court reversed the trial court’s decision, which found that the Department of Fish and Wildlife’s…more

CEQA, Department of Fish and Wildlife, Endangered Species, Environmental Impact Report, Mitigation

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Carolyn Walker

FMLA Leave or ADA Accommodation (Or Both)? Overview of Beyond the Basics

After more than 20 years under the ADA and FMLA, and 18 years since the passage of the Oregon Family Leave Act (“OFLA”), most employers are familiar with the basics of these laws. Many employee leave situations can be handled in…more

ADA, Compliance, EEOC, Employee Rights, FMLA

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Ryan Waterman

Court Clarifies "Taking" Of Endangered Species And Highlights What's "Enough" Under CEQA

In Ctr. for Biological Diversity v. Dep’t of Fish & Wildlife, No. B245141 (Cal. Ct. App. 2d Dist. Mar. 20, 2014), the appellate court reversed the trial court’s decision, which found that the Department of Fish and Wildlife’s…more

CEQA, Department of Fish and Wildlife, Endangered Species, Environmental Impact Report, Mitigation

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Thomas Wood

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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