Pillsbury Winthrop Shaw Pittman LLP

CalEnviroScreen 3.0 – Still the Wrong Tool for CEQA Review

On January 9, 2017, the California Environmental Protection Agency (CalEPA) and Office of Environmental Health Hazard Assessment (OEHHA) released an “Update to the California Communities Environmental Health Screening Tool,”…more
| Environmental Law, Real Estate - Commercial, Real Estate - Residential, Science, Computers, & Technology, Zoning, Planning & Land Use

2017 Brings Changes to the Federal Executive Branch Gift Rules

The Office of Government Ethics (OGE) recently amended the executive branch gift rules, which became effective on January 1, 2017. The changes include clarifications to existing exceptions that are frequently used as well as a…more
| Business Organizations, Elections & Politics, Government Contracting

Following the Remand of a Contentious Overtime Case, Chevron Deference May Be Murky

Last summer, in the waning stages of the Supreme Court’s 2015-2016 term, the U.S. Supreme Court issued an opinion reversing the U.S. Court of Appeals for the Ninth Circuit’s use of Chevron deference to overrule a district court…more
| Labor & Employment Law

Breaking News: FCC Moves Forward on Eliminating the Need to Maintain a Local Public File

Last May, Jessica Nyman and I wrote about the potential impact of an FCC Notice of Proposed Rulemaking proposing to eliminate the requirement that stations keep “Letters and Emails from the Public” in their Public Inspection…more
| Communications & Media Law

Does the Fair Use Exception Shield Ivanka Trump from Artists Who Want Nothing to Do with Her?

Much has been written about how the Trump family uses their name to market their own businesses, but the Trumps are equally gifted at trading on others’ notoriety to promote themselves and their businesses. Consider the tweets…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

FCC Makes Airing Political Ads Much More Complicated

If trying to maintain the required paperwork for political advertising aired by your station gives you a headache, prepare for a migraine of biblical proportions. With the departure of Commissioner Rosenworcel leaving the…more
| Communications & Media Law, Elections & Politics

Tenth Circuit: Judicial Estoppel Should Not Bar Asarco’s Latest Claims for Cost Recovery At CERCLA Mining Site

On January 3, the U.S. Court of Appeals for the Tenth Circuit issued a ruling reversing the district court’s decision that Asarco could not proceed with its claims for cost recovery at a Utah Comprehensive Environmental…more
| Bankruptcy, Civil Procedure, Environmental Law

Battle Brewing Over “Continuing Violations” Theory?

OSHA has just published a Final Rule restating its interpretation of the “continuing violations” theory. There are now two Circuit Court of Appeals rulings that disagree with this interpretation: AKM LLC dba Volks Contractors v…more
| Civil Procedure, Environmental Law

Ninth Circuit Lowers Hurdle for Class Certification

On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the…more
| Business Torts, Civil Procedure, Consumer Protection

News of Note for the Internet-Minded

Virtual reality takes to the air and rests beneath your feet, a smart toy and a weaponized GIF inspire lawsuits (separately), Slack invests in bots, and more! - Will virtual reality on planes make trips more enjoyable?…more
| Communications & Media Law, Science, Computers, & Technology

Court Decision May Affect Ability to Sell Products Assembled from Imported Components to U.S. Government Agencies

In a development that may have important implications for companies selling products to the U.S. government, on December 7, 2016, the Court of International Trade (“CIT”) issued a decision holding that the assembly in the United…more
| International Law & Trade

Differing GAO Task Order Protest Thresholds

On December 23, 2017, President Obama signed the 2017 National Defense Authorization Act (NDAA), which contains changes to the Government Accountability Office’s (GAO) jurisdiction over contractor bid protests of task order…more
| Civil Procedure, Government Contracting

EPA Risk Management Plan Revisions

On December 21, the Administrator of the Environmental Protection Agency (EPA) signed the Final Rule revising the EPA’s Chemical Accident Prevention regulations, generally known as the Risk Management Program (RMP). These rules…more
| Environmental Law

District Court Reviews Definition of “Gross Negligence” in Oil Pollution Act Reimbursement Action

On December 22, the U.S. District Court for the District of Columbia issued an opinion in Water Quality Insurance Syndicate v. U.S., which reversed the Coast Guard’s National Pollution Funds Center’s (NPFC) finding of gross…more
| Civil Procedure, Energy & Utilities, Environmental Law, Maritime Law

FCC Enforcement Monitor ~ December 2016

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:…more
| Communications & Media Law
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