News & Analysis as of

Reclamation

Currents - Energy Industry Insights - August 2017#2

This is our second installment of Currents - our weekly energy news e-blast where we deliver the week's top energy news stories and our synopsis of why those stories are important from a legal perspective. - Appeals Court...more

Section 553 of the Bankruptcy Code Preserves Rather Than Creates Setoff Rights

by Jones Day on

In Feltman v. Noor Staffing Grp., LLC (In re Corp. Res. Servs. Inc.), 564 B.R. 196 (Bankr. S.D.N.Y. 2017), the bankruptcy court considered whether section 553 of the Bankruptcy Code creates a right of setoff when no such...more

BB&K Government Relations Team Helps Client Secure Federal Grant for Water Project - Las Virgenes-Triunfo JPA Pure Water Project...

by Best Best & Krieger LLP on

With the assistance of Best Best & Krieger LLP’s Government Relations team, including Senior Director of Governmental Affairs John Freshman in Washington, D.C., a client received almost $500,000 in federal funding for water...more

School Districts not Exempt from Paying Assessments to Fund Flood Control Services - California Appellate Court Finds...

by Best Best & Krieger LLP on

An assessment to fund flood control and drainage services imposed by a county reclamation district on a school district was upheld Friday by a California appellate court. The court found that the trial court erred in...more

Appellate Court Holds That Constitution Overrides Statutory Exemption Related to Proposition 218 Assessments; Reclamation...

by Downey Brand LLP on

In a reversal of a lower court decision, the Third District Court of Appeal has held that the California Constitution’s provisions related to Proposition 218 override a statutory exemption that a school district argued...more

Commercial Restructuring & Bankruptcy Alert - October 2016

by Reed Smith on

Welcome to the October 2016 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group. Excerpt from newsletter: DELAWARE AND NEW YORK AT ODDS OVER RECLAMATION...more

Recent Delaware Chapter 11 Case Supports Vendors' Reclamation Claims

Recently, the Delaware Bankruptcy Court ruled that a vendor's reclamation trumped a lender's lien on inventory. Please see full Article below for more information....more

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

The AER Makes Waves with its Response to the Redwater Decision

by Field Law on

HIGHLIGHTS The Alberta Energy Regulator (AER) issued Bulletin 2016-16 which has put in place interim measures in response to the Court of Queen’s Bench decision in Redwater Energy Corporation (Re) (Redwater) - ...more

New Laws Reform California’s Surface Mining and Reclamation Act

by Stoel Rives LLP on

True to his word, Governor Jerry Brown signed two bills, AB 1142 and SB 209, into law on Monday to reform California’s Surface Mining and Reclamation Act (SMARA). Now, before getting too excited, keep in mind that the new...more

Bankruptcy Law News: Reclamation or Section 503(b)(9) Claim? - A Potential Trap

With the 2005 amendments to the Bankruptcy Code, Congress may have created a potential trap for a creditor who wants to preserve its reclamation rights but also exercise the administrative expense claim, which was created by...more

Massachusetts Issues Draft Interim Policy on Re-Use of Soil for Large Reclamation Projects

by Beveridge & Diamond PC on

After nearly a year of evaluation, MassDEP has issued a draft policy requiring an Administrative Consent Order (ACO) for large-scale projects that fill or reclaim quarries, sand pits, and gravel pits. Comments on the policy...more

Distressed Download - July 2015

First Circuit Rules Bankruptcy Code Preempts Puerto Rico's Recovery Act - On Monday, July 6, the Court of Appeals for the First Circuit affirmed the February 6, 2015 order and injunction of the Puerto Rico District...more

Orrick's Financial Industry Week in Review

RMBS Suit Against WMC Mortgage LLC Dismissed as Time-Barred - On July 10, 2015, Judge Alvin Hellerstein of the Southern District of New York granted defendant WMC Mortgage LLC's motion for judgment on the pleadings in an...more

Massachusetts Moves to Require Permits for “Large” Fill Projects

by Beveridge & Diamond PC on

Because it will take time to develop regulations announced in December requiring permits for large-scale fill projects including both reclamation of quarries, sand pits and gravel pits, and redevelopment projects, MassDEP...more

Fresno County Aggregate Mine Fends Off Court Challenge

by Stoel Rives LLP on

In Friends of the Kings River v. County of Fresno, No. F068818 (Cal. Ct. App. 5th Dist., Dec. 8, 2014), the Fifth Appellate District upheld Fresno County’s (County) approval of the Carmelita Mine and Reclamation Project...more

When Your Customer Files Bankruptcy and Your Factor Has not Approved the Orders: Reclamation, Administrative Claims and Other...

by Buchalter on

Consider the plight of a manufacturer of women’s blouses who sells to every major department store and specialty chain in the country. One of her highest volume customers is a 150 store chain of boutiques. Let’s call the...more

Solid Waste Change of Direction: “Materials Innovation and Recycling Authority”

by Pullman & Comley, LLC on

Public Act 14-94 creates a “Materials Innovation and Recycling Authority” (MIRA) as successor to the Connecticut Resource Recovery Authority (CRRA). The bill sets ambitious goals for solid waste management and recycling –...more

U.S. Bureau of Reclamation Releases Updated Operation Plan for Colorado River System Reservoirs

by Snell & Wilmer on

On August 13, 2014, the United States Bureau of Reclamation (Reclamation) released its latest Operation Plan for Colorado River System Reservoirs 24-Month Study. The study projects operations and water releases for major...more

EPA Issues Final Rule Revising RCRA Standards for Cathode Ray Tubes Exported for Reclamation

On June 26, 2014, the U.S. Environmental Protection Agency (EPA) issued a final rule under the Resource Conservation and Recovery Act (RCRA) strengthening the standards for cathode ray tubes (CRTs) exported for reclamation....more

Further Clarification On The Constitutionality Of Exported Coal Reclamation Fee Is Delayed

by Holland & Knight LLP on

The D.C. Circuit has decided against ruling on the substance of whether the Abandoned Mine Land reclamation fee and the regulatory methods the Office of Surface Mining uses to collect it on exported coal create an...more

Weathering The Storm Of An Owner Or General Contractor Bankruptcy

by Gray Reed & McGraw on

Bankruptcy court is often the “court of bad news” for creditors. ...more

California Environmental Law and Policy Update - March 27, 2013

by Allen Matkins on

In This Issue: Environmental and Policy Focus - California lawmakers propose bills to halt fracking; Bureau of Reclamation ordered to prepare full environmental impact statement for Central Valley Project water...more

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