Spilman Thomas & Battle, PLLC

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Spilman Center
300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States
Phone: 304.340.3800
Fax: 304.340.3801
Areas of Practice
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
  • Pennsylvania
  • Virginia
  • West Virginia
Number of Attorneys
100+ Attorneys

Looking Back, Looking Forward – A 2015 Retrospective and 2016 Predictions

This past year has seen many changes in the community banking industry. Some of these issues we expected and some had more of an impact than maybe we would have thought. As we reflect and look forward to 2016, we asked several…more

Anti-Deficiency Provisions, Community Banks, Cybersecurity, Mergers

See all updates »

Estate Planning & Federal Tax Update - Winter 2013

With the American Taxpayer Relief Act of 2012 (the “ATRA ”) passed and the fiscal cliff safely averted, the time has come to turn your attention to your estate plan. What Did the ATRA Accomplish? The fiscal cliff threatened…more

American Taxpayer Relief Act, Capital Gains, Dividends, Estate Planning, Family Trusts

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Executive Compensation – It May be Limiting Your Choices

Many community banks have been under fire recently. Added regulatory burdens, additional disclosure responsibilities, cleaning up bad loans, streamlining the organization, staying ahead of cybersecurity threats, and, perhaps…more

Banks, Community Banks, Deferred Compensation, Executive Compensation

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North Carolina Statute of Repose Preempted by Superfund Discovery Rule

The United States Court of Appeals for the Fourth Circuit Court recently ruled that North Carolina’s statutes of repose and limitations is trumped by Superfund’s discovery rule, under which the limitation period for filing a…more

CERCLA, Discovery Rule, Preemption, Statute of Limitations, Statute of Repose

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The Shale Play Today - September 2013

In This Issue: - Deeper Resources: Rotruck Joins Spilman - EQB Proposes Substantial Increases in Permit Fees for Unconventional Wells - Oil & Gas Lessees Retain Important Rights in W.Va. - Pa. Shale Industry…more

Endangered Species, Energy Exploration, Fees, Fracking, Oil & Gas

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Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight bills…more

Disability Benefits, Employee Benefits, Entitlements

See all updates »

Defeating Another Challenge to the Mortgage Electronic Registration System

Since the mortgage crisis began several years ago, the Mortgage Electronic Registration System (“MERS”) has faced numerous legal attacks relating to foreclosures, assignments and what interest MERS holds in a deed of trust or…more

Assignments, Deed of Trust, MERS, Mortgages, Recording Acts

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OSHA Updates Reporting and Recordkeeping Rule

In the September 18, 2014 Federal Register, the Occupational Safety and Health Administration (“OSHA”) published revisions to 29 CFR Part 1904 with respect to updated reporting and recordkeeping requirements. Employers located…more

Employer Liability Issues, Enforcement, Guidance Update, OSHA, Recordkeeping Requirements

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North Carolina Supreme Court Upholds Enforceability of Waiver of ECOA Claim

Last month, the North Carolina Supreme Court issued an important opinion for lenders in this state. The opinion reversed the North Carolina Court of Appeals’ decision in RL REGI N.C., LLC v. Lighthouse Cove, LLC, which found…more

Acquisition Finance, Affirmative Defenses, Banks, ECOA, Forbearance Agreements

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Green Grass and High Tides: The Pennsylvania Medical Marijuana Act

On April 17, 2016, Governor Tom Wolf signed Pennsylvania’s medical marijuana program into law, making it the 24th state with a comprehensive medical marijuana program. The new law — Act 16 or the “MMA” — will protect registered…more

Anti-Discrimination Policies, Drug Testing, Employment Policies, Hiring & Firing, Medical Marijuana

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Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included in…more

Aboveground Storage Tanks, Department of Environmental Protection, Hazardous Substances, Legislative Amendments, Oil & Gas

See all updates »

Discussing the Two Pillars of America's Main Street Economy - An Interview with Larry F. Mazza, CEO of MVB Bank, Inc.

Larry Mazza is Chief Executive Officer of MVB Financial Corp., the parent of West Virginia-based MVB Bank, Inc. Mr. Mazza also serves on the MVB Financial Corp. Board of Directors. He is a recognized name in West Virginia…more

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Mind the Gap: The Expansion of Pay Equality Laws in 2017

Over the past year, the passage of equal pay laws in a number of states as well as the federal government’s focus on pay equity have led to a rise in litigation involving pay discrimination. Awareness of the most recent pay…more

Affordable Care Act, Pay Equity Laws, Trump Administration

See all updates »

West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

House Bill 2011 was introduced in the West Virginia legislature by the new Republican majority on the first day of the legislative session. This same bill was introduced in the Senate as Senate Bill No. 11. The purpose of HB…more

Actual or Constructive Knowledge, Employer Liability Issues, Proposed Legislation, Workplace Hazards

See all updates »

Highmark Properties Revisited: Lender Credit Bids

The dust has yet to settle on the landmark decision of High Point Bank & Trust Co. v. Highmark Properties, LLC, 776 S.E.2d 838 (N.C. 2015). Before delving into the decision that should serve as a harbinger of imminent and…more

Anti-Deficiency Provisions, Borrowers, Community Banks, Credit Bids, Fair Market Value

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What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,…more

Causation, Construction Industry, Department of Health and Human Services, EPA, Evidence

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Lenders Versus Mechanics’ Liens in West Virginia: A Question of Priorities

Finally! After days, weeks, sometimes even months of waiting, you as the lending officer received approval from corporate that underwriting has just approved your borrower and you can proceed with the term sheet. Time to put…more

Lenders, Liens, Loan Servicer, Loans, Underwriting

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Regulations and More Regulations: Pa. Proposes Methane Reductions

On January 19, 2016, Pennsylvania Governor Tom Wolf announced a framework for reducing methane emissions from the oil and gas sector in the state. The Governor touted that as the second-largest producer of natural gas in the…more

Climate Change, Department of Environmental Protection, EPA, General Permit, Governor Wolf

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New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules concerning…more

Affidavits, Audits, Burden of Proof, Goods or Services, Trademark Act

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The Oil and Natural Gas Industry: The Impacts and Uncertainty Continue

By now we’ve all seen the headlines: “Oil crashes below $27 a barrel,” “Oil prices likely to remain low 3-5 years” and “U.S. oil bankruptcies spike 379%.” At first, these headlines seemed a little “distant” to me. It seemed…more

Commercial Bankruptcy, Community Banks, Natural Gas, OECD, Oil & Gas

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Federal Court Blocks Implementation of Overtime Rule

Yesterday, November 22, 2016, a Texas federal judge entered a nationwide injunction blocking the Department of Labor's revisions to the overtime rule -- mainly the increase in the salary basis -- that was set to go into effect…more

DOL, Final Rules, FLSA, Lack of Authority, Minimum Salary

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ABA Amends Model Rules of Professional Conduct to Address Changes Brought by Technology and Globalization

It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information and…more

Amended Regulation, American Bar Association (ABA), Confidential Information, Corporate Counsel, Global Economy

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How to Survive the Department of Labor’s Wage and Hour Enforcement

As most employers know, the federal wage/hour law under the Fair Labor Standards Act (“FLSA”) includes the requirement to pay “non-exempt” employees time and one half of their “regular rate” for work in excess of 40 hours in a…more

Audits, DOL, FLSA, Independent Contractors, Recordkeeping Requirements

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Nuts and Bolts of the Home Rule Program Application Sales and Use Taxes

This is an outline of a presentation given by Spilman attorneys Dale Steager and Brian Helmick before the WV Municipal League 44th Annual Conference, Home Rule: Learn, Lead, Succeed, at the Charleston Marriott Hotel in…more

Business Taxes, Home Rule States, Local Ordinance, Municipalities, Sales & Use Tax

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Views from the Footprint - Banking, Collateral, Default and Foreclosure Question

In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The…more

Banks, Collateral, Community Banks, Foreclosure, Mortgages

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The Best Protection: Safeguards in Purchasing Distressed Oil and Gas Assets

In the current environment of depressed prices for oil, natural gas and related liquids, oil and gas wells, leases and properties are coming on to the market for sale. These assets typically are made available through either…more

Commercial Bankruptcy, Commercial Leases, Due Diligence, Energy Sector, Environmental Liability

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West Virginia Legislature Proposes Changes to the WVCCPA

West Virginia’s Legislature just concluded its 2015 session. Among the more than 260 bills sent to Governor Earl Ray Tomblin is S.B. 542, which makes amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”)…more

Consumer Credit Protection, Debt Collection, FDCPA, Statutory Penalties, Venue

See all updates »

SuperVision Today - December 2016

Notes from the Chair and Executive Editor - Welcome to the final edition of SuperVision Today for 2016. The topic that has consumed the time and interest of many human resource professionals in recent days has been the…more

Appeals, Breach of Duty, DOL, Federal Contractors, Forfeiture

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WVSCA Decision Strengthens Enforcement of Agreements to Arbitrate

On June 19, 2013, the West Virginia Supreme Court of Appeals (“the Court” or “WVSCA”) issued an important decision that bolsters the ability of financial institutions and other defendants to enforce arbitration agreements…more

Arbitration, Arbitration Agreements, SCOTUS, Unconscionable Contracts

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ALERT: West Virginia Business Courts Division - Amendments to the Rules

For the past several years, Spilman Thomas & Battle has been an active participant in the West Virginia Business Court Division ("BCD"). After two years of cases, the BCD's leaders presented improvements to the West…more

Business Court Division, Proposed Amendments

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SuperVision Today - December 2016

Notes from the Chair and Executive Editor - Welcome to the final edition of SuperVision Today for 2016. The topic that has consumed the time and interest of many human resource professionals in recent days has been the…more

Appeals, Breach of Duty, DOL, Federal Contractors, Forfeiture

See all updates »

The NLRB Recognizes Student-Employees: The Effect of Columbia University on Private Universities

In August 2016, the National Labor Relations Board (“NLRB” or “Board”) held in a 3-1 decision that undergraduate and graduate student assistants at private colleges and universities are employees under Section 2(3) of the…more

Collective Bargaining, Columbia University, FERPA, Graduate Students, NLRA

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Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?

A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect and…more

Bids, Competitive Bidding, Contract Formation, Contractors, General Contractors

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DRI Continues its Advocacy for Improvements to the Civil Justice System

Times change and so must our rules of civil procedure. DRI is a leader in the process of public and written comment to the proposed amendments to the Federal Rules of Civil Procedure. The federal Advisory Committee on…more

Electronically Stored Information, Federal Rules of Civil Procedure, Proposed Amendments, Public Comment

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West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

House Bill 2011 was introduced in the West Virginia legislature by the new Republican majority on the first day of the legislative session. This same bill was introduced in the Senate as Senate Bill No. 11. The purpose of HB…more

Actual or Constructive Knowledge, Employer Liability Issues, Proposed Legislation, Workplace Hazards

See all updates »

Response Plan Rewind: The Essentials of Data Breach Response Plans

From the financial sector to the healthcare industry, and even the security business itself, hackers are creeping their way into business data systems and pilfering personal information. For financial institutions, security…more

Credit Reporting Agencies, Cybersecurity, Data Breach, FDIC, Financial Institutions

See all updates »

Revisiting the West Virginia Consumer Credit and Protection Act – Again

For the second time in two years, West Virginia’s legislature passes a bill to modify the state consumer protection law…more

Balloon Payments, Consumer Protection Laws, Contract Terms, Counterclaims, Debt Collection

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First Party vs. Third Party – Who can sue for bad faith?

For the purpose of those individuals who undertake direct representations of insurers, it is significant to be able to recognize who can sue an insurer (their clients) for bad faith. Nine years have passed since the legislative…more

Bad Faith, Insurance Industry, Insurance Litigation, Standing, Third-Party Liability

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Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Order to Stay, Power Plants

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Leaning In – Pennsylvania Refining the Mechanic’s Lien Law

Pennsylvania has continued to refine its mechanic’s lien law in recent years, and next year will bring the most sweeping changes ever for owners and contractors that work on larger projects…more

Construction Industry, Databases, General Contractors, Lenders, Lien Release

See all updates »

Mind the Gap: The Expansion of Pay Equality Laws in 2017

Over the past year, the passage of equal pay laws in a number of states as well as the federal government’s focus on pay equity have led to a rise in litigation involving pay discrimination. Awareness of the most recent pay…more

Affordable Care Act, Pay Equity Laws, Trump Administration

See all updates »

Community Banking Excellence - Fourth Quarter 2012

In This Issue: - Conversation with a Community Banking Professional By Timothy R. Moore - Signs of a Federal Investigation by Sharon L. Potter - Why is Your Bank or Bank Holding Company Still a Public…more

See all updates »

OSHA’s Anti-Retaliation Rule – Three Things Employers Should Do Now

A Texas federal court has refused to enjoin OSHA’s new rule regarding workplace safety and injury reporting, which went into effect on December 1, 2016. Similar to employers’ recent successful challenge of the DOL’s overtime…more

Anti-Retaliation Provisions, Dismissals, Drug Testing, OSHA, Preliminary Injunctions

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Calling in Sick: Pittsburgh Sick Leave Law Delayed Until March

March 10, 2016 is the current targeted effective date for an ordinance passed by Pittsburgh’s City Council requiring most city businesses to provide sick leave to full-time and part-time employees. Implementation of the…more

Earned Sick Time, Exemptions, Local Ordinance, Sick Leave, Sick Pay

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The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to…more

Act 13, Confidentiality Policies, Constitutional Challenges, Corporate Takings, Department of Environmental Protection

See all updates »

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to…more

Act 13, Confidentiality Policies, Constitutional Challenges, Corporate Takings, Department of Environmental Protection

See all updates »

Breaking News: America’s Next Energy Hub - Philadelphia Dealt a Major Setback

In 2012, the city of Philadelphia announced plans to privatize the Philadelphia Gas Works ("PGW"). PGW is the nation’s largest municipality-owned natural gas utility with more than 6,000 miles of gas mains and service pipes…more

Marcellus Shale, Municipalities, Natural Gas, Oil & Gas, Private Utility

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Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry

Here we are. The rollercoaster 2016 election is ending. Millions of Americans have voted already. Polls show a close race heading into Election Day. As the last Americans go to the voting booth, we take a look back at what the…more

Business Taxes, Climate Change, Construction Industry, Federal Funding, Hillary Clinton

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New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules concerning…more

Affidavits, Audits, Burden of Proof, Goods or Services, Trademark Act

See all updates »

Virginia Legislation Significantly Impacts Construction Industry

At its recently-concluded 2015 Regular Session, the Virginia General Assembly passed legislation which will significantly affect those persons who deal with potential mechanic’s lienors. The revision to section 43-3 of the…more

Construction Industry, Material Suppliers, Mechanics Lien, New Legislation, Subcontractors

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Righting a Wrong in West Virginia – The Residential Construction Right to Cure

In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs. The statutory term is…more

Construction Contracts, Construction Defects, Homeowners, Notice Requirements, Residential Property Owners

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The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to…more

Act 13, Confidentiality Policies, Constitutional Challenges, Corporate Takings, Department of Environmental Protection

See all updates »

Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight bills…more

Disability Benefits, Employee Benefits, Entitlements

See all updates »

Community Financial Institutions “Trolled” for Website Accessibility

Many financial institutions across the nation are receiving threatening letters claiming that their websites are not accessible as required by the Americans with Disabilities Act (“ADA”). The letters first went to financial…more

ADA, Community Banks, Demand Letter, DOJ, Financial Institutions

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The Shale Play Today - February 2015

In This Issue: - Now is the WOTUS of Our Discontent.....: "Waters of the United States" or "WOTUS" in the esoteric taxonomy of the Clean Water Act ("CWA"), is a term with which many are becoming increasingly…more

Clean Water Act, Marcellus Shale, Oil & Gas, Pipelines, Severance Tax

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Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Order to Stay, Power Plants

See all updates »

An Argument for the Use of Stock Options with Forfeiture Clauses for Breach of Duty of Loyalty

Introduction Jimmy John’s In 2014, Emily Brunner (“Brunner”) and Caitlin Turowski (“Turowski”) filed a complaint in Illinois against the sandwich company, Jimmy John’s, and its franchise affiliates. The complaint was amended to…more

Blue Pencil Contract Modification, Breach of Duty, Confidential Information, Duty of Loyalty, Employment Contract

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Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included in…more

Aboveground Storage Tanks, Department of Environmental Protection, Hazardous Substances, Legislative Amendments, Oil & Gas

See all updates »

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