News & Analysis as of

North Carolina General Assembly Week in Review

Governor Pat McCrory signed eight bills into law this week, leaving less than 25 bills awaiting his signature. The Governor has until October 30th to sign or veto the remaining bills. However, if the Governor takes no action...more

North Carolina General Assembly Week in Review: Transportation Spotlight

Member announcements continued this week with three more legislators announcing they will not be seeking reelection. Rep. Paul Tine (U-Dare), Rep. Leo Daughtry (R-Johnston), Rep. Jacqueline Schaffer (R-Mecklenburg) announced...more

Washington Healthcare Update

This Week: Senate Judiciary Committee Hearing Focuses on Health Insurers Merger... Arkansas to Delay Setting Up Its Own State Exchange...The Centers for Medicare and Medicaid Services (CMS) Announces Medicare Advantage...more

Tax Policy Update

The number of working days (in theory) that Congress has left to negotiate and pass a continuing resolution (CR) that would keep the government from shutting down on Oct. 1. Here’s hoping that the Pope’s visit to the Capitol...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

Uncertainty of Legislative Earmarks Not Enough to Deem Mitigation Infeasible

California Supreme Court Takes on CEQA Issue in State College Expansion Project - State agencies cannot declare mitigation infeasible for construction projects on the grounds that the California Legislature has not — and...more

California Environmental Law & Policy Update - August 2015

Environmental and Policy Focus: Coastkeeper's suit against water agency dismissed - San Diego Union-Tribune - Jul 31: A San Diego superior court judge ruled against an environmental group on July 30, rejecting its...more

Cal State University Cannot Avoid Off-Site Traffic Mitigation Payments Because the Legislature Failed to Approve Funds

City of San Diego v. Board of Trustees of the California State University - Why It Matters: The California Supreme Court has clarified language from its prior decision in City of Marina v. Board of Trustees of California...more

CEQA Alert: California Supreme Court Clarifies Duties of State Agencies in Funding Off-Site Mitigation

On August 3, the California Supreme Court released its second CEQA decision of 2015, addressing a key issue for state agencies undertaking projects that require off-site environmental mitigation. In City of San Diego v. Board...more

State Agencies Cannot Declare Mitigation of Project Impacts Infeasible Based Solely on the Lack of Legislative Appropriations

A public agency may not rely solely on a request to the Legislature to appropriate funding to mitigate a project's adverse environmental impacts and conclude that mitigation is infeasible because the funding cannot be...more

Richard Prince Once Again Pushes The Limits Of Fair Use

Richard Prince is either on the very edge of fair use or is engaging in blatant copyright infringement. Unlike most however, Prince has been down this road before; accused of infringement and a defense based entirely on fair...more

House approves amendment prohibiting use of appropriated funds for DOJ disparate impact litigation under the FHA

Yesterday, the House of Representatives approved an amendment to H.R. 2578, the Fiscal Year 2016 Commerce, Justice, and Science Appropriations Act, that would bar the use of appropriated funds by the Department of Justice to...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Work Continues, Gains Momentum in Appropriations - As the clock ticks towards the...more

South Carolina Legislative Update

Several of the South Carolina Senate Finance Committee’s budget subcommittees met last week to hear from various agencies on appropriations. The Senate sent the House several bills, including one bill extending the time in...more

Key Energy-Related Tax Provisions in the 2016 Budget Proposal

In This Issue: - Modify and Permanently Extend the Production Tax Credit - Enhance and Make Permanent the Research and Experimentation Tax Credit - Provide Carbon Dioxide Investment and Sequestration Tax...more

CFPB issues second appropriations report

The CFPB has issued its second report entitled “Report of the Consumer Financial Protection Bureau Pursuant to Section 1017(e)(4) of the Dodd-Frank Act.” That Dodd-Frank section requires the CFPB’s Director to submit an...more

Proposed new public housing demolition/disposition rule poses dangers for public housing appropriations and flexibility

Public housing needs all the help it can get. Its 1.1 million units of deeply affordable housing have been grossly underfunded by Congress for so many years that current studies indicate it would take over 30 billion dollars...more

As Attention Turns to a Border Supplemental, a Twelve Bill Omnibus Seems Certain

Despite the high hopes earlier this year of passing individual or several mini-bus appropriation bills, a twelve-bill omnibus approach to appropriations is now all but guaranteed. ...more

Energy & Environment Update - July 2014 #2

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of Energy - Department of Health and Human Services - Department of...more

Defense Appropriations "Wage Theft" Amendment May Bar Employers with FLSA Violations from Defense Contracts

Late last month, the Senate referred the Fiscal Year 2015 Defense Appropriations Act to the Senate Committee on Appropriations for consideration. The House of Representatives passed its version (H.R. 4870) on June 20 with...more

President Obama Signs Water Resources Reform & Development Act of 2014 #2

President Obama recently signed into law the Water Resources Reform and Development Act of 2014 ("WRRDA"). The President's action follows Congressional approval of the Conference Agreement reached in May by House and Senate...more

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

North Carolina Legislative Report

The General Assembly’s Short Session began Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the...more

Dewonkify: 302(b) Allocation

Definition: Each year, the House and Senate Appropriations Committees receive an overall funding allocation for the coming federal fiscal year. The House and Senate Appropriations Committees then, respectively, decide on how...more

Appropriation Art As Fair Use Under The Copyright Act

Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can...more

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