Pillsbury Winthrop Shaw Pittman LLP

A Good Faith Disconnect on Retrans

There is an old vaudeville routine I’ve found more useful for understanding lawmaking in Washington than any textbook. It goes something like this: - (Scene: a nighttime street corner illuminated by a single streetlight;…more
| Communications & Media Law

FM Translators for AM Stations: When One Window Closes, Another Opens

As we previously reported, the FCC last year adopted a number of changes to its rules and policies aimed at revitalizing the AM radio service, which for many years has lived in the shadow of the more robust FM service. One of…more
| Communications & Media Law

DC Court Confirms EPA May Reverse Its Position On Permit Issuance

In the latest installment in this long-running dispute, the U.S. Court of Appeals for the DC Circuit today, in Mingo Logan Coal Company v. EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water Act…more
| Environmental Law

Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by August 1, 2016

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided…more
| Commercial Law & Contracts, Communications & Media Law

The Future of Carbon Dioxide Injection EOR in the United States

What is EOR and where is it used in the United States? (This article is the first in a periodic series exploring legal issues relating to CO2 enhanced oil recovery and serves as an introduction to the process. Our next…more
| Energy & Utilities

Fifth Circuit Stays EPA 2016 Final Rule in Favor of Texas and Oklahoma SIPs

Recently the U.S. Court of Appeals for the Fifth Circuit issued an important decision regarding the Clean Air Act (CAA) and the interactions between EPA and the states. On July 15, Fifth Circuit, in a unanimous ruling, granted a…more
| Environmental Law

Congress Updates UAS Safety Language in FAA Extension

In the FAA Extension legislation, Congress implemented important safety provisions related to drones (also known as unmanned aircraft systems or “UAS”). The language, which President Obama signed into law late last week,…more
| Transportation

DC Circuit Judge Rogers Delivers 3 Important Administrative Rulings in 1 Day

July 15 was a busy day at the U.S. Court of Appeals for the District of Columbia Circuit, as five important decisions werethree issued. What was remarkable and worth noting is that Judge Judith Rogers, a member of the court…more
| Civil Procedure, Energy & Utilities, Environmental Law

House Wants to Weigh in on Definition of “Solid Waste”

Bi-partisan legislation has been introduced in the House of Representatives (H.R. 5685), known as the “Farm Regulatory Certainty Act,” a bill that would amend Resource Conservation and Recovery Act’s (RCRA) definition of “solid…more
| Environmental Law

New Frontier for Bank Secrecy Act Prosecutions: Trade-Based Money Laundering

Since the September 11, 2001, terrorist attacks, U.S. law enforcement and financial regulatory agencies have focused on disrupting the use of the financial system by terrorist groups, criminal organizations and tax evaders to…more
| Criminal Law, Finance & Banking, Securities Law

Eminent Domain in California – What You Should Know and What You Can Do BEFORE the Government Comes to Take Your Property

Public development and infrastructure projects are on the rise in California. This is a good thing for the economy. InfrastructureBut it also means that private property will often be needed to complete these projects. Public…more
| Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use

Pokémon Go Ushers in a New, Augmented World of Legal Liability Concerns

We predicted last year that 2016 would be the year of Pokémon. This prophecy came true last week within just two days of the Pokémon Go launch. The location-based augmented reality mobile game/app quickly surpassed Tinder in…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Science, Computers, & Technology

Five Things about the IRS’s Proposed Regulations on the Spinoff Device and Active Business

On July 14, 2016, the Internal Revenue Service (IRS) proposed long-anticipated regulations tightening the “device” and “active trade or business” tests that are necessary for a corporation to distribute a subsidiary in a…more
| Business Organizations, Taxation

Illinois Opens Door for Takings Claims Flowing From Temporary Flooding

On July 8, the Illinois Supreme Court, in Hampton, et al., v. Metropolitan Water Reclamation District of Greater Chicago, floodheld that temporary flooding of the plaintiffs’ residential properties located in the Chicago area…more
| Civil Procedure, Environmental Law

Court Holds that Stale Permits May Automatically Terminate if Permitting Laws are Not Faithfully Followed

On July 7, the U.S. District Court for Alaska decided the case of Castle Mountain Coalition, et al., v. Office of Surface Mining Reclamation and Enforcement, alaskaholding that a mining permit issued under the Surface Mining…more
| Environmental Law
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