Last week, Denver City Councilmembers Amanda Sawyer, Diana Romero Campbell and Paul Kashmann announced a proposed amendment to the Denver Zoning Code to prohibit new gas stations within a quarter mile from light rail stations...more
The California Attorney General (“AG”) filed on January 18th felony charges against Lamb Fuels, Inc. (“Lamb Fuels”) and two employees for allegedly illegally treating and transporting hazardous waste in California. The...more
Raising your prices too high during an emergency can get you in trouble – but so can dropping them too low once the emergency is over. Our Antitrust Team highlights a pair of court cases featuring state laws prohibiting...more
The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more
The United States District Court (M.D. Florida) (“Court”) addressed in an August 29th Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc.,...more
The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more
Gone are the days of pulling into the corner gas station and running over a faded red hose to ring a bell, which in turn alerts the station owner, whose feet are sticking out from under a vehicle in the garage, that he has a...more
Recently, Mexico's National Agency for Industrial Safety and Environmental Protection in the Hydrocarbons Sector (Agencia Nacional de Seguridad Industrial y de Protección al Medio Ambiente del Sector Hidrocarburos or ASEA)...more
Whether the damage to a gas station's gas pumps results from car accidents, fires, lightning strikes, vandalism, or even floods, there are many distinct aspects to consider when reviewing and analyzing related business income...more
The Superior Court of New Jersey – Appellate Division (“Court”) described in a September 8th Opinion issues arising out of the purchase of tax sales certificates associated with a former gasoline service station. See...more
The Arkansas Oil Marketers Association (“AOMA”) in conjunction with the Arkansas Bureau of Standards (“BOS”), which is a component of the Arkansas Department of Agriculture, has issued a notice that retail motor fuel outlets...more
In Protect Tustin Ranch v. City of Tustin, 70 Cal. App. 5th 951 (2021), the court of appeal upheld a city’s reliance on the infill development categorical exemption under CEQA for a new gas station in an existing shopping...more
On September 10, 2021, the California Court of Appeal broadened the test for joint employment in California, lowering the bar for what constitutes sufficient control by business over its vendor’s employees’ wages and working...more
For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas...more
Following recent histrionics from the White House, ByteDance, “the Chinese internet giant that owns TikTok, has offered to sell all of the popular video app’s American operations as a way to save the business from being...more
The US Federal Trade Commission (FTC) recently extracted a $3.5 million civil penalty from two companies involved in a gas station merger. The FTC asserts the companies violated their settlement agreement with the government,...more
On May 8, 2020, the Third Appellate District, certified for publication its earlier decision in Petrovich Development Co. LLC v. City of Sacramento (C087283), where the Court, in a rare decision, voided a city council’s...more
The Court of Appeal held that where a city councilmember’s actions evinced bias toward the project, the applicant did not receive a fair hearing and the City Council’s denial of a conditional use permit would be set aside....more
Legislative Body Members Must be Neutral and Unbiased to Vote on Matters - In affirming a lower court’s rare decision to void a city’s conditional use permit denial, the California Court of Appeal said that, when a...more
On March 19, 2020, California Governor Gavin Newsom issued an Executive Order requiring Californians to “stay at home or at their place of residence” until further notice except as needed to maintain continuity of 16...more
In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the...more
The Appellate Court of Illinois (Third District) (“Court”) addressed in an October 29th Opinion issues related to an alleged breach by a retailer of a Motor Fuel Sale Petroleum Supply Agreement (“Agreement”). See Gas Depot...more
Gas station owners currently face the challenge of updating their automated gas pumps to be compatible with EMV (“Europay, Mastercard, and Visa”) credit card terminals. The major American credit card companies have agreed to...more
The U.S. Attorney’s Office (Southern District of New York) issued a May 1st news release stating that a lawsuit had been filed in the United States District Court against Chestnut Petroleum Distributor, Inc., and various...more
In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business interruption caused by a fuel...more