Stoel Rives LLP

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760 SW Ninth Avenue, Suite 3000
Portland, Oregon 97205, United States
Phone: (503) 224-3380
Fax: (503) 220-2480
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alaska
  • California
  • D.C.
  • Idaho
  • Minnesota
  • Oregon
  • Utah
  • Washington
Number of Attorneys
100+ Attorneys

New Oregon Withholding Tax on Periodic Payments

As part of its major transportation bill (HB 2017), the Oregon legislature last week adopted a new statewide payroll tax that also applies to “periodic payments,” starting July 1, 2018. The new tax will fund public transit…more

Deferred Compensation, Employer Mandates, Infrastructure Financing, Payroll Taxes, Pending Legislation

See all updates »

New Developments at OSHA - July 2017

OSHA Seeks to Reverse Beryllium Rule For Certain Industries Beryllium, a lightweight metal, presents hazards in the workplace. It is has been linked to lung cancer and Chronic Beryllium Disease, a debilitating lung disease…more

Construction Industry, OSHA, Popular, Public Comment, Public Meetings

See all updates »

Breaking News: Oregon Legislature Passes Employee Scheduling Bill

Oregon is poised to become the first state to enact a “secure scheduling” or “fair work week” law that will impose significant new employee scheduling requirements on certain categories of large employers. Senate Bill 828,…more

Employer Mandates, Fair Workweek, Kate Brown, Pending Legislation, Wage and Hour

See all updates »

Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo

On May 27, EPA and the U.S. Army Corps of Engineers jointly issued their long-expected and much-debated rule defining which waters are protected by the federal Clean Water Act (CWA). In announcing the rule, President Obama said…more

Clean Water Act, Drinking Water, EPA, Navigable Waters, U.S. House

See all updates »

Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) - In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment…more

CEQA, Environmental Policies, Historic Preservation, Historical Landmarks, Substantial Evidence Standard

See all updates »

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in…more

Agricultural Workers, Corporate Counsel, Farm Workers, Farms, FLSA

See all updates »

Minnesota Public Utilities Commission Approves Some Changes to Community Solar Program, Declines Other Changes

The Minnesota Public Utilities Commission (MPUC) approved several major changes to Xcel Energy’s Community Solar Garden (CSG) program yesterday, while also voting to maintain other aspects of the CSG program. Mike Hughlett of…more

Community Shared Solar, Energy Projects, Public Utilities Commission, Renewable Energy, Xcel Energy

See all updates »

CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

See all updates »

Idaho Adopts New Laws Governing Notaries and Acknowledgments

Anyone who deals with interests in real estate should be aware that Idaho recently adopted a new set of laws governing notaries and acknowledgments. This is important because Idaho law gives special protection to interests in…more

New Regulations, Notary Certificates, Real Estate Transactions, Title Companies

See all updates »

MISO Transmission Owners’ Return on Equity Cut by FERC

Following a decision of the Federal Energy Regulatory Commission (FERC) released last week that cuts transmission owners’ return on equity (ROE) by more than 200 basis points,[1] ratepayers in the Midcontinent Independent System…more

Federal Power Act, FERC, MISO, Return on Equity, Tariffs

See all updates »

Eighth Circuit Panel Rules Minnesota Climate Change Law Unconstitutional

Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed the…more

Clean Air Act, Corporate Counsel, Dormant Commerce Clause, Energy Sector, Exclusive Jurisdiction

See all updates »

CEQA Baseline Analysis: Future Conditions Baseline Should Be The Exception Not The Rule When Agency Reviews Environmental Impacts, Says Divided California Supreme Court

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (filed August 5, 2013) (“Neighbors”), a majority of the California Supreme Court justices announced a new rule regarding the baseline agencies may use…more

CEQA, Environmental Assessments, Environmental Claims, Environmental Impact Report (EIR), Environmental Policies

See all updates »

Supreme Court Curtails After-Market Reach of Patent Rights

On Tuesday (May 30, 2017), the U.S. Supreme Court curtailed the after-market reach of patent rights. The decision in Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (S. Ct. May 30, 2017) (8-0; 7-1),…more

First Sale Doctrine, Foreign Sales, Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement

See all updates »

Landmark Seventh Circuit Decision Interprets Title VII Protections To Prohibit Sexual Orientation Discrimination

“Who will be hurt if gays and lesbians have a little more job protection?” Judge Richard Posner of the Seventh Circuit Court of Appeals posed this question a few months ago during oral argument in a case involving a teacher who…more

EEOC, LGBT, Obergefell v. Hodges, Sex Discrimination, Sexual Orientation Discrimination

See all updates »

Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations" Subject to Judicial Review

Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can…more

Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers, Judicial Review

See all updates »

Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a…more

Amended Legislation, Biofuel, CEQA, Exemptions, Native American Issues

See all updates »

U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified sources…more

Carbon Emissions, Clean Air Act, Comment Period, Energy Sector, EPA

See all updates »

ESA Law Update: U.S. Fish and Wildlife Service Proposes to List West Coast Population of Fisher as Threatened Under Endangered Species Act

The U.S. Fish and Wildlife Service (FWS) announced yesterday its proposal to list the West Coast population of the fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (ESA). The scientific…more

Endangered Species Act (ESA), ESA Listings, Public Comment, US Fish and Wildlife Service

See all updates »

Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations" Subject to Judicial Review

Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can…more

Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers, Judicial Review

See all updates »

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise…more

Common Law Claims, Employer Liability Issues, Exclusive Remedy, Mining, Negligence

See all updates »

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for Project Development Despite USFWS Decision Not to List Under ESA

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant decision…more

Bureau of Land Management, Endangered Species, Energy Projects, Federal Land, NEPA

See all updates »

Washington Paid Sick Leave Law Requires Employer Action by January 2018

The Washington Paid Sick Leave law (WPSL) goes into effect January 1, 2018. The new law requires all employers, regardless of size, to provide non-exempt employees 1 hour of sick leave for every 40 hours of work. The new law…more

Employer Mandates, Paid Leave, Paid Sick Leave Act, Paid Time Off (PTO), Sick Leave

See all updates »

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for Project Development Despite USFWS Decision Not to List Under ESA

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant decision…more

Bureau of Land Management, Endangered Species, Energy Projects, Federal Land, NEPA

See all updates »

Oregon selects 15 solar projects for development under Solar Development Incentive program

At least 116 megawatts of new solar energy development will soon be underway in Oregon, supported by the state’s Solar Development Incentive (SDI) program…more

Energy Projects, Energy Sector, Renewable Energy, Renewable Energy Incentives, Solar Energy

See all updates »

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise…more

Common Law Claims, Employer Liability Issues, Exclusive Remedy, Mining, Negligence

See all updates »

What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California…more

Air Pollution, Air Quality Standards, CEQA, Environmental Impact Report (EIR), Environmental Policies

See all updates »

Department of Labor Seeks Input on New Rules for White Collar Exemptions

Employers know that the salary rule for “white collar” exemptions from President Obama’s Department of Labor (“DOL”) was blocked by a federal court last year (we blogged about that here). That rule would have more than doubled…more

Comment Period, DOL, Exempt-Employees, Minimum Salary, Request For Information

See all updates »

Seattle’s New Income Tax May Affect Many More People Than Initially Thought, Including People Living Outside the City

When Seattle passed its new income tax on July 10, many Washingtonians took note, but quickly moved on. The tax appeared to apply only to Seattle residents earning more than $250,000 for individuals or $500,000 for married…more

Capital Gains, Employee Benefits, Income Taxes, Revocable Trusts, Trusts

See all updates »

Department of Labor Seeks Input on New Rules for White Collar Exemptions

Employers know that the salary rule for “white collar” exemptions from President Obama’s Department of Labor (“DOL”) was blocked by a federal court last year (we blogged about that here). That rule would have more than doubled…more

Comment Period, DOL, Exempt-Employees, Minimum Salary, Request For Information

See all updates »

Applying for California Minority-Owned Business Entity Certification: Process & Benefits

We were pleased to announce this week that client Southern Ute Alternative Energy, LLC received certification as a Minority-owned Business Entity (MBE) from the California Supplier Clearinghouse.  Southern Ute Alternative…more

Certifications, CPUC, Energy Sector, Investor-Owned Utilities, Minority-Owned Businesses

See all updates »

Solar Installer Alert: New Countervailing Duties on Imports of Chinese Solar Products Take Effect June 10, 2014

The U.S. International Trade Administration of the U.S. Department of Commerce (“ITA”) made the preliminary countervailing duty (“CVD”) rates announced last week effective today, June 10, in a published notice, 79 Fed. Reg…more

Anti-Dumping Duty, China, Countervailing Duties, Solar Energy, Trade Agreements

See all updates »

Katie Sieben Appointed to Minnesota Public Utilities Commission, and Nancy Lange Appointed as Chair

Yesterday, Governor Mark Dayton announced his appointment of Minnesota State Senator Katie Sieben to a six-year term on the Minnesota Public Utilities Commission (MPUC)..…more

Administrative Appointments, Governor Dayton, Public Utilities Commission

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California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth…more

Audio Recording, Data Collection, Drones, Photographs, Privacy Concerns

See all updates »

Oregon OSHA Issues Proposal to Change Pesticide Application Regulations

Oregon OSHA has proposed to adopt changes to its rules regarding the application of pesticides by agricultural employers. The new rules would..…more

Agricultural Sector, OSHA, Pesticides, Proposed Regulation, Rulemaking Process

See all updates »

SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

See all updates »

Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

See all updates »

Environmental Law Alert: Oregon HB 3086 Allows Consideration of Off-Site Mitigation for Sage Grouse Habitat

Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected. ODFW's…more

Critical Habitat, Endangered Species, Environmental Policies, State Department of Fish and Wildlife

See all updates »

Updates to Energy Related Bills in the 2017-2018

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving…more

California Energy Commission, CARB, CPUC, Desalination, Energy Policy

See all updates »

Deadline Extension For California’s Industrial Storm Water Permit

The new California Industrial General Storm Water Permit (IGP) is scheduled to take effect on July 1, 2015. That date was also the deadline for facilities already operating under the previous 1997 IGP to submit any updates to…more

Compliance, Industrial Storm Water Permit, No Exposure Certification (NEC), Storm Water, Stormwater Multi-Application Reporting & Tracking System (SMARTS)

See all updates »

Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

See all updates »

USPTO Joins Cancer Moonshot Effort, Expedites Immunotherapy Patent Applications

On January 12, 2016, President Obama announced a "National Cancer Moonshot" in his State of the Union Address. The Moonshot aims to achieve ten years of progress in cancer research within the next five years. The U.S. Patent and…more

Cancer, Fast Track Process, National Cancer Moonshot, Patent Applications, USPTO Pilot Program

See all updates »

Ninth Circuit Expands Tribal Treaty Rights in Culvert Decision That Threatens Economic and Industrial Development on Fish-Bearing Streams

In the matter of United States et al. v. Washington, case number 13-35474, the U.S. Court of Appeals for the Ninth Circuit concluded in 2016 that in building and maintaining barrier culverts, the State of Washington had violated…more

Appeals, Critical Habitat, Dams, Environmental Policies, Hunting & Fishing Licenses

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Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of…more

Department of Agriculture, FDA, Food Labeling, Nutrition Facts Labels

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Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against Chinese CSPV Cells

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty (AD)…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Exporters

See all updates »

Seattle’s New Income Tax May Affect Many More People Than Initially Thought, Including People Living Outside the City

When Seattle passed its new income tax on July 10, many Washingtonians took note, but quickly moved on. The tax appeared to apply only to Seattle residents earning more than $250,000 for individuals or $500,000 for married…more

Capital Gains, Employee Benefits, Income Taxes, Revocable Trusts, Trusts

See all updates »

Credit Card Surcharge Ban on Life Support after Supreme Court Decision

The U.S. Supreme Court held last week that New York’s ban on credit card surcharging is a restraint on speech under the First Amendment. Expressions Hair Design v. Schneiderman, No. 15-1391 (U.S. Mar. 29, 2017). The case was…more

Commercial Speech, Consumer Financial Products, Credit Card Surcharges, Credit Cards, Disclosure Requirements

See all updates »

14 Things You Should Know About the New 2016 Surveying Standards

Effective Tuesday, February 23, 2016, the ALTA/NSPS group has adopted changes to the listing of items to be included in a standard survey (what used to be called an “ALTA/ACSM” survey). The ALTA/NSPS survey standards are the…more

ALTA, Real Estate Transfers, Title Insurance

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Idaho Modifies Oil and Gas Statutes (Again)

Both houses of the Idaho Legislature unanimously approved House Bill 301a last week following a seven-hour negotiation and two days of hearings earlier this month. Supported by Governor Otter, this bill will (among other…more

Mineral Exploration, Oil & Gas, Pending Legislation

See all updates »

Oregon OSHA Issues Proposal to Change Pesticide Application Regulations

Oregon OSHA has proposed to adopt changes to its rules regarding the application of pesticides by agricultural employers. The new rules would..…more

Agricultural Sector, OSHA, Pesticides, Proposed Regulation, Rulemaking Process

See all updates »

Protecting Your Company and Your Employees During an ICE Raid

In light of the current administration’s approach to immigration enforcement, it is important that employers understand their legal rights and responsibilities when faced with potential raids by U.S. Immigration and Customs…more

Best Management Practices, ICE, Law Enforcement, Raids, Search Warrant

See all updates »

CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

See all updates »

California Implements Significant Changes in the Employment Application Process, Employee Training, and Protected Leaves

On October 12, 2017, California Governor Jerry Brown signed several bills regulating a wide range of employer actions, everything from the labeling of cleaning fluids to the employment application process. While compliance with…more

Ban the Box, Employee Training, Employer Liability Issues, FEHA, Governor Brown

See all updates »

Patent Law Alert: U.S. Supreme Court Raises the Bar for Patent Owners in Induced Infringement Claims

In a recent decision likely to significantly impact patent holders reliant on method-type claims, the U.S. Supreme Court unanimously ruled in Limelight Networks, Inc. v. Akamai Technologies, Inc. that induced infringement…more

Akamai Technologies, En Banc Review, Induced Infringement, Limelight Networks, Miniauction

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Oregon Amends Sick Leave Law: 5 Key Clarifications

Oregon recently passed amendments to its statewide sick time law, clearing up several areas of uncertainty for employers. The amendments clarify that..…more

Amended Regulation, Employer Mandates, Sick Leave, Wage and Hour

See all updates »

Updates to Energy Related Bills in the 2017-2018

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving…more

California Energy Commission, CARB, CPUC, Desalination, Energy Policy

See all updates »

Draft Resource Management Plan Amendment Released for Central California Federal Lands

On January 6, 2017, the federal Bureau of Land Management (“BLM”) issued a notice of Draft Resource Management Plan Amendment (“DRMP Amendment”) and Draft Environmental Impact Statement (“DEIS”) for oil and gas leasing and…more

Bureau of Land Management, Comment Period, DOGGR, Federal Land, Mineral Leases

See all updates »

Tax Reform Bill Released

Republican leaders yesterday released their comprehensive tax reform bill, the “Tax Cuts and Jobs Act.” Although there has been a great deal of high-level discussion over the past few months regarding various tax reform…more

Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Legislative Agendas

See all updates »

Minnesota Brownfields Soil Reuse Study Identifies Significant Cost-Saving and Carbon Reduction Opportunities

Stoel Rives environmental analyst Steve Heurung was among the co-authors of a Minnesota Brownfields report commissioned by Hennepin County to evaluate the potential for cost savings associated with the off-site reuse of soil at…more

Brownfield Properties, Carbon Emissions, Information Reports, Pollution Control

See all updates »

Massachusetts Sets 200MWh Energy Storage Mandate

Massachusetts recently became the latest state to adopt an energy storage target, following California’s lead, and recent storage legislation in Nevada and New York…more

CPUC, Energy Sector, Energy Storage, Investor-Owned Utilities, New Legislation

See all updates »

EU-US Data Transfer Framework Agreement Announced – Called EU-US Privacy Shield

On Tuesday, February 2, the European Commission and the United States announced a political agreement on a framework for transatlantic data flows called the EU-US Privacy Shield. Currently the announcement appears to be…more

EU, EU-US Privacy Shield, International Data Transfers, US-EU Safe Harbor Framework

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Corporate Law Alert: Launch of New Oregon Benefit Company Law Produces Record Signups

On January 1, Oregon launched its new benefit company law, becoming the 20th U.S. state to allow the formation of such entities. The launch produced a record-setting response, with 29 registrants signing up for benefit company…more

B Corporation, Benefit Corporations, Choice of Entity, Corporate Social Responsibility, Social Entrepreneurship

See all updates »

USPTO Joins Cancer Moonshot Effort, Expedites Immunotherapy Patent Applications

On January 12, 2016, President Obama announced a "National Cancer Moonshot" in his State of the Union Address. The Moonshot aims to achieve ten years of progress in cancer research within the next five years. The U.S. Patent and…more

Cancer, Fast Track Process, National Cancer Moonshot, Patent Applications, USPTO Pilot Program

See all updates »

Idaho Adopts New Laws Governing Notaries and Acknowledgments

Anyone who deals with interests in real estate should be aware that Idaho recently adopted a new set of laws governing notaries and acknowledgments. This is important because Idaho law gives special protection to interests in…more

New Regulations, Notary Certificates, Real Estate Transactions, Title Companies

See all updates »

Tax Reform Bill Released

Republican leaders yesterday released their comprehensive tax reform bill, the “Tax Cuts and Jobs Act.” Although there has been a great deal of high-level discussion over the past few months regarding various tax reform…more

Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Legislative Agendas

See all updates »

When the Big One Hits, We’ll All Be Thankful for Grid “Resiliency”

Or so Secretary Rick Perry and the DOE would have us believe. Approximately three weeks ago, the DOE made its pitch to FERC and the energy industry that a lack of “resiliency” threatens the U.S. power grid. The responses are…more

Coal-Fired Generation, Department of Energy (DOE), Energy Sector, FERC, ISOs

See all updates »

U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with…more

Clean Power Plan, Energy Sector, EPA, Order to Stay, SCOTUS

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The Fate of Patent Laches: SOL

On Tuesday, the U.S. Supreme Court abolished a decades-old rule that allowed for application of the equitable defense of laches in patent cases. Until now, patent owners were required to justify filing suit after a period of…more

Equitable Defenses, Laches, Non-Practicing Entities, Patent Infringement, Patent Portfolios

See all updates »

New Developments at OSHA - July 2017

OSHA Seeks to Reverse Beryllium Rule For Certain Industries Beryllium, a lightweight metal, presents hazards in the workplace. It is has been linked to lung cancer and Chronic Beryllium Disease, a debilitating lung disease…more

Construction Industry, OSHA, Popular, Public Comment, Public Meetings

See all updates »

California Proposes Emergency Regulation to Ease the Prop 65 Warning Burden on Canned and Bottled Food and Beverage Products

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) added Bisphenol A (“BPA”) to the Proposition 65 (“Prop 65”) list as a chemical known to cause reproductive toxicity, on May 11, 2015. Prop 65 provides…more

BPA, Manufacturers, OEHHA, Proposition 65, Warning Labels

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In Case You Missed It - Interesting Items for Corporate Counsel - August 2017

A review of 2017 proxy season activity, including the trend toward adoptions of proxy access bylaws, is here. A suggestion that the big news of the 2017 proxy season was climate change proposals and the shift in Blackrock,…more

Board of Directors, Climate Change, Corporate Governance, EDGAR, GAAP

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Alaska Department of Natural Resources Seeks Input on Mining Regulations – Comments Due 4/29/16

The Alaska DNR is requesting public comments on its mining regulations for establishing and maintaining mining claims – 11 AAC Chapter 86. These regulations (as well as related regulations at 11 AAC 82 and 11 AAC 88) establish…more

Department of Natural Resources, Mining, Proposed Regulation, Public Comment, Public Land

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Labor & Employment Law Alert: New NLRB Rulings and What They Mean for Your Business

This will bring you up to date on the new NLRB rule on union elections and the NLRB’s new email decision – both issued in December – and what they mean for your business…more

Ambush Election Rules, Chamber of Commerce, Email, Email Policies, Employer Liability Issues

See all updates »

Washington Supreme Court Limits Attorney-Client Communications with Employed Health Care Practitioners

Last week's decision by the Washington Supreme Court in Youngs v. PeaceHealth has significant implications for health care providers that employ physicians (or other health care practitioners) and the attorneys who represent…more

See all updates »

Idaho Adopts New Laws Governing Notaries and Acknowledgments

Anyone who deals with interests in real estate should be aware that Idaho recently adopted a new set of laws governing notaries and acknowledgments. This is important because Idaho law gives special protection to interests in…more

New Regulations, Notary Certificates, Real Estate Transactions, Title Companies

See all updates »

CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

See all updates »

Tax Reform Bill Released

Republican leaders yesterday released their comprehensive tax reform bill, the “Tax Cuts and Jobs Act.” Although there has been a great deal of high-level discussion over the past few months regarding various tax reform…more

Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Legislative Agendas

See all updates »

New Oregon Withholding Tax on Periodic Payments

As part of its major transportation bill (HB 2017), the Oregon legislature last week adopted a new statewide payroll tax that also applies to “periodic payments,” starting July 1, 2018. The new tax will fund public transit…more

Deferred Compensation, Employer Mandates, Infrastructure Financing, Payroll Taxes, Pending Legislation

See all updates »

Time to Remove Salary History from Job Applications

Starting this Friday, October 6, employers in Oregon can no longer ask job applicants about their salary history. As part of the Equal Pay Act that Oregon enacted earlier this year, prohibiting questions about salary history is…more

Employer Liability Issues, Equal Pay Act, Hiring & Firing, New Regulations, Salary/Wage History

See all updates »

Effects of Brexit on Intellectual Property Rights

The recent “Brexit” referendum in which a majority of United Kingdom voters elected to leave the European Union has caused significant political and economic turmoil. It also raises questions about how EU designations for…more

EU, European Union Trade Mark (EUTM), IP License, Patent Cooperation Treaty, UK Brexit

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New Highway Law Streamlines Federal Permitting and Environmental Review for Large Infrastructure Projects

Earlier this month, President Obama signed the Highway Authorization Act into law. One of the objectives of this legislation was to expedite federal authorization (licensing, permitting, approval, etc.) and environmental review…more

Highway Act, Infrastructure, NEPA

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Energy Tax Law Alert: IRS Updates "Beginning of Construction" Guidance

The IRS today issued Notice 2015-25, updating its prior guidance in Notices 2013-29, 2013-60, and 2014-46, regarding the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the…more

Construction Industry, Construction Project, Contractors, Internal Revenue Code (IRC), Investment Tax Credits

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The City of Portland Issues Rules for “Ban the Box”

We previously blogged about Portland, Oregon’s restrictive “ban the box” ordinance. The City of Portland recently issued administrative rules for its ordinance. The administrative rules are available here. The key provisions…more

Ban the Box, Hiring & Firing, Local Ordinance, New Regulations, Self-Disclosure Requirements

See all updates »

Supreme Court Curtails After-Market Reach of Patent Rights

On Tuesday (May 30, 2017), the U.S. Supreme Court curtailed the after-market reach of patent rights. The decision in Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (S. Ct. May 30, 2017) (8-0; 7-1),…more

First Sale Doctrine, Foreign Sales, Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement

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5 Things Reflected in the ITC’s Suniva Injury-Phase Vote and What Comes Next

The U.S. International Trade Commission (ITC) voted unanimously on September 22, 2017, for an affirmative determination of injury to U.S. producers of crystalline silicon photovoltaic (CSPV) products, such as solar cells,…more

Anti-Dumping Duty, Countervailing Duties, Free Trade Agreements, Imports, ITC

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Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in…more

Agricultural Workers, Corporate Counsel, Farm Workers, Farms, FLSA

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Seattle’s New Income Tax May Affect Many More People Than Initially Thought, Including People Living Outside the City

When Seattle passed its new income tax on July 10, many Washingtonians took note, but quickly moved on. The tax appeared to apply only to Seattle residents earning more than $250,000 for individuals or $500,000 for married…more

Capital Gains, Employee Benefits, Income Taxes, Revocable Trusts, Trusts

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Seattle’s New Income Tax May Affect Many More People Than Initially Thought, Including People Living Outside the City

When Seattle passed its new income tax on July 10, many Washingtonians took note, but quickly moved on. The tax appeared to apply only to Seattle residents earning more than $250,000 for individuals or $500,000 for married…more

Capital Gains, Employee Benefits, Income Taxes, Revocable Trusts, Trusts

See all updates »

The Western States’ Plan for EV Charging Infrastructure – Lessons Learned and Things to Watch

On October 4, 2017, the Governors of a number of western states signed a memorandum of understanding (“MOU”) to lay the foundation for work on a regional electric vehicle (“EV”) infrastructure development plan called the…more

California Energy Commission, Electric Vehicles, Highways, Infrastructure, Memorandum of Understanding

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Oregon legislators pass historic renewable energy bill, with 50% RPS and coal-fired electricity phaseout

Oregon legislators passed Senate Bill (SB) 1547 into law yesterday, creating aggressive timetables for eliminating coal-fired electricity from the State and setting a 50% Renewable Portfolio Standard (RPS) by 2040. A diverse…more

Coal-Fired Generation, Pending Legislation, Renewable Energy Incentives, Renewable Portfolio Standards, Utilities Sector

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Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?

Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015…more

Bureau of Land Management, Endangered Species Act (ESA), Federal Land, Information Reports, Land Use Restrictions

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Oregon legislators pass historic renewable energy bill, with 50% RPS and coal-fired electricity phaseout

Oregon legislators passed Senate Bill (SB) 1547 into law yesterday, creating aggressive timetables for eliminating coal-fired electricity from the State and setting a 50% Renewable Portfolio Standard (RPS) by 2040. A diverse…more

Coal-Fired Generation, Pending Legislation, Renewable Energy Incentives, Renewable Portfolio Standards, Utilities Sector

See all updates »

City of Portland on Fast Track to Adopt Inclusionary Zoning Requirements

More of Portland’s developers are about to find themselves in the affordable housing business. Whether they like it or not…more

Affordable Housing, Public Hearing, Real Estate Development, Urban Planning & Development

See all updates »

Ending Collusion between EPA and Outside Groups

EPA Administrator E. Scott Pruitt begins his October 16, 2017, directive on transparency and public participation in consent decrees and settlement agreements by stating, “EPA has previously sought to resolve lawsuits filed…more

Consent Order, EPA, Settlement Agreements, Transparency

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U.S. Withdrawal from the Paris Accord: Implications for the Clean Energy Sector

In light of President Trump’s decision to withdraw the U.S. from the Paris climate accord, Stoel Rives attorneys Tim McMahan and Drew Moratzka provide their insights into what the decision may mean for states, local governments,…more

Clean Power Plan, Climate Change, EPA, Governor Brown, Greenhouse Gas Emissions

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California Employers Must Carefully Reconsider Whether Employees Can Be Provided With “Suitable Seats” In Light of New Decision

A recent California Supreme Court decision has the potential to affect all California employees who are required to stand while performing parts of their job. In response to numerous lawsuits brought by cashiers, retail…more

CA Supreme Court, CVS, Employer Liability Issues, PAGA, Suitable Seats Lawsuits

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When the Big One Hits, We’ll All Be Thankful for Grid “Resiliency”

Or so Secretary Rick Perry and the DOE would have us believe. Approximately three weeks ago, the DOE made its pitch to FERC and the energy industry that a lack of “resiliency” threatens the U.S. power grid. The responses are…more

Coal-Fired Generation, Department of Energy (DOE), Energy Sector, FERC, ISOs

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Ralls Continues to Fight Presidential Divestiture Order Stemming from CFIUS Investigation

Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the…more

CFIUS, China, Divestiture, Foreign Investment, Manufacturers

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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New California Groundwater Fees – Another Step Forward for SGMA

California’s newer groundwater regulatory structure, the Sustainable Groundwater Management Act of 2014 (“SGMA”), was signed by Governor Edmund G. Brown Jr. on September 16, 2014. The State Water Resources Control Board…more

Annual Regulatory Fees, Department of Water Resources, Groundwater, New Regulations, Sustainable Groundwater Management Act (SGMA)

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Ready or Not? Now’s the Time to Get Your Oil Spill Management Team OSPR Certification

The California Office of Spill Prevention and Response (“OSPR”), within the Department of Fish and Wildlife, has been tasked with new responsibilities related to oil spill response. Assembly Bill 1197 (“AB 1197”), which was…more

Certification Requirements, Oil & Gas, Oil Spills, Rulemaking Process, State Department of Fish and Wildlife

See all updates »

Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of…more

Department of Agriculture, FDA, Food Labeling, Nutrition Facts Labels

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Alaska Department of Natural Resources Seeks Input on Mining Regulations – Comments Due 4/29/16

The Alaska DNR is requesting public comments on its mining regulations for establishing and maintaining mining claims – 11 AAC Chapter 86. These regulations (as well as related regulations at 11 AAC 82 and 11 AAC 88) establish…more

Department of Natural Resources, Mining, Proposed Regulation, Public Comment, Public Land

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MN PUC Establishes New Environmental Costs for Use in All Proceedings

Today, the MN PUC concluded a nearly four-year effort on updating environmental costs established under section 216B.2422 subd. 3 of the Minnesota Statutes. Before getting to the decision, a bit of context…more

Electric Generation Suppliers, Electricity, Public Utilities Commission, Utilities Sector

See all updates »

Implications for Industry of Oregon DEQ's Final Nuisance Odor Strategy

For regulated companies and Associated Oregon Industry members, the publication of the Oregon Department of Environmental Quality's (DEQ) final nuisance odor strategy this past August brought mixed blessings. Among the…more

Environmental Policies, Nuisance

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New Revisions to Critical Habitat Regulations Leads to New Uncertainty

On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered…more

Amended Regulation, Critical Habitat, Endangered Species Act (ESA), National Marine Fisheries Service, US Fish and Wildlife Service

See all updates »

Ready or Not? Now’s the Time to Get Your Oil Spill Management Team OSPR Certification

The California Office of Spill Prevention and Response (“OSPR”), within the Department of Fish and Wildlife, has been tasked with new responsibilities related to oil spill response. Assembly Bill 1197 (“AB 1197”), which was…more

Certification Requirements, Oil & Gas, Oil Spills, Rulemaking Process, State Department of Fish and Wildlife

See all updates »

Health Care Alert: ACA Health Insurance Subsidies Called into Question by DC Circuit

Yesterday, a divided three judge panel of the United States Court of Appeals for the DC Circuit struck down the IRS regulation allowing federal premium subsidies for individuals buying health insurance at Exchanges/Marketplaces…more

Affordable Care Act, Chevron Deference, Employer Mandates, Health Insurance, Health Insurance Exchanges

See all updates »

Updates to Energy Related Bills in the 2017-2018

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving…more

California Energy Commission, CARB, CPUC, Desalination, Energy Policy

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Native American Business Law Alert: Significant Tax and Applicable Law Ambiguity in Proposed Revisions for Indian Lands Rights-of-Way Regulations

The Bureau of Indian Affairs (BIA) is proposing to revise the process for obtaining and administering rights-of-way (ROWs) on Indian lands. While the proposed regulations seek to make improvements and clarifications benefiting…more

BIA, Taxation, Tribal Lands

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Washington Paid Sick Leave Law Requires Employer Action by January 2018

The Washington Paid Sick Leave law (WPSL) goes into effect January 1, 2018. The new law requires all employers, regardless of size, to provide non-exempt employees 1 hour of sick leave for every 40 hours of work. The new law…more

Employer Mandates, Paid Leave, Paid Sick Leave Act, Paid Time Off (PTO), Sick Leave

See all updates »

Oregon Amends Sick Leave Law: 5 Key Clarifications

Oregon recently passed amendments to its statewide sick time law, clearing up several areas of uncertainty for employers. The amendments clarify that..…more

Amended Regulation, Employer Mandates, Sick Leave, Wage and Hour

See all updates »

The Western States’ Plan for EV Charging Infrastructure – Lessons Learned and Things to Watch

On October 4, 2017, the Governors of a number of western states signed a memorandum of understanding (“MOU”) to lay the foundation for work on a regional electric vehicle (“EV”) infrastructure development plan called the…more

California Energy Commission, Electric Vehicles, Highways, Infrastructure, Memorandum of Understanding

See all updates »

Economic Development Law Alert: Idaho Targets Job Creation With New Refundable State Income Tax Credit for Business

Job creation efforts in Idaho received a boost earlier this month, when a new refundable state income tax credit for new or existing businesses went into effect. The Idaho Reimbursement Incentive Act creates a tax credit that is…more

Full-Time Employees, Job Creation, Prevailing Wages, State Taxes, Tax Incentives

See all updates »

Supreme Court Curtails After-Market Reach of Patent Rights

On Tuesday (May 30, 2017), the U.S. Supreme Court curtailed the after-market reach of patent rights. The decision in Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (S. Ct. May 30, 2017) (8-0; 7-1),…more

First Sale Doctrine, Foreign Sales, Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement

See all updates »

Protecting Your Company and Your Employees During an ICE Raid

In light of the current administration’s approach to immigration enforcement, it is important that employers understand their legal rights and responsibilities when faced with potential raids by U.S. Immigration and Customs…more

Best Management Practices, ICE, Law Enforcement, Raids, Search Warrant

See all updates »

Tax Reform Bill Released

Republican leaders yesterday released their comprehensive tax reform bill, the “Tax Cuts and Jobs Act.” Although there has been a great deal of high-level discussion over the past few months regarding various tax reform…more

Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Legislative Agendas

See all updates »

California Court of Appeal Puts a Small Crack in the Glass Door

An employer who unfairly and inaccurately is slammed by a former employee (or maybe even a current employee!) on a job-posting or employer-rating website will often look to its lawyer for help. Surely the law protects against…more

Anonymity, Appeals, First Amendment, Libel, Motion to Compel

See all updates »

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn…more

Appeals, Discrimination, Employer Liability Issues, Fourth Amendment, Mine Act

See all updates »

Appeals Court Sides with Wind Farm on PPA Risk Allocation

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court settled…more

Contract Disputes, Duke Energy, MISO, Power Purchase Agreements, Reversal

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Wyoming Court Strikes Down BLM Hydraulic Fracturing Rule; Existing Appeal Remains Pending (For Now)

As we’ve previously reported, a Wyoming federal court issued a preliminary injunction order last year that temporarily halted the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands. …more

Bureau of Land Management, Final Rules, Fracking, Oil & Gas, Preliminary Injunctions

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Litigation Alert: Washington Supreme Court Clears Up Ambiguity on "Holder" versus "Owner" of Secured Notes

The Washington Supreme Court, sitting en banc, affirmed in Brown v. Washington State Department of Commerce the Department of Commerce’s denial of a mediation request under the Foreclosure Fairness Act (FFA) made by a borrower…more

Banks, Exemptions, Foreclosure, Mediation, Promissory Notes

See all updates »

California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth…more

Audio Recording, Data Collection, Drones, Photographs, Privacy Concerns

See all updates »

SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

See all updates »

Environmental Law Alert: FWS Extends Eagle "Take" Permit to 30 Years | What You Need to Know

It's official. On Friday, the U.S. Fish and Wildlife Service ("FWS") issued for public inspection a final rule to extend the maximum term for programmatic "take" permits under the Bald and Golden Eagle Protection Act ("Eagle…more

Endangered Species, Endangered Species Act (ESA), Environmental Policies, ESA Listings, US Fish and Wildlife Service

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Washington Supreme Court Affirms Brightwater Decision Regarding Application of Olympic Steamship to Sureties

On July 6, 2017, the Washington Supreme Court confirmed that the equitable rule announced in Olympic Steamship—providing for attorney fees where the insurer compels the insured to take legal action—applies to performance bond…more

Attorney's Fees, Construction Industry, Insurance Industry, Performance Bonds, Public Projects

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Time to Remove Salary History from Job Applications

Starting this Friday, October 6, employers in Oregon can no longer ask job applicants about their salary history. As part of the Equal Pay Act that Oregon enacted earlier this year, prohibiting questions about salary history is…more

Employer Liability Issues, Equal Pay Act, Hiring & Firing, New Regulations, Salary/Wage History

See all updates »

2016 Oregon Legislative Update: What You Might Have Missed

Oregon’s new minimum wage law, signed by Governor Brown on March 2, 2016, received a lot of press during the 2016 legislative session. This new law establishes a tiered system for determination of the minimum wage based on the…more

Governor Brown, Minimum Wage, Payroll Records, Whistleblower Protection Policies

See all updates »

City of Portland on Fast Track to Adopt Inclusionary Zoning Requirements

More of Portland’s developers are about to find themselves in the affordable housing business. Whether they like it or not…more

Affordable Housing, Public Hearing, Real Estate Development, Urban Planning & Development

See all updates »

Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against Chinese CSPV Cells

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty (AD)…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Exporters

See all updates »

Tax Reform Bill Released

Republican leaders yesterday released their comprehensive tax reform bill, the “Tax Cuts and Jobs Act.” Although there has been a great deal of high-level discussion over the past few months regarding various tax reform…more

Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Legislative Agendas

See all updates »

First Quarter CEQA Update in Under 60 Seconds

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. Point/counterpoint…more

CA Supreme Court, California Coastal Commission, CEQA, County Planning Commissions, Critical Habitat

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Employers Need Not Disclose Pay Data on EEO-1 Reports; September Deadline Moved to 2018

Employers can breathe a sigh of relief. The Office of Management and Budget (“OMB”) announced this week that it was removing a requirement that EEO-1 reports contain employee pay data. The now-defunct Obama-era requirement…more

Data Collection, EEO-1, EEOC, Federal Contractors, OMB

See all updates »

Oregon DEQ Pilot Program to Review Long-term Controls at Cleanup Sites

This March the Oregon Department of Environmental Quality (“DEQ”) is launching a pilot program to take a fresh look at long-term institutional and engineering controls implemented at cleanup sites that have received No Further…more

Consent Order, Environmental Protection Authority, Remediation, State Pilot Programs

See all updates »

Oil & Gas Law Alert: California Department of Conservation Issues Discussion Draft Rules for Oil Field Wastewater Injection

On January 21, 2017 the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice of Pre-rulemaking Public Comment Period for the development of updates to the regulations…more

Comment Period, Department of Conservation, DOGGR, Oil & Gas, Proposed Regulation

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U.S. EPA Moves to Repeal Clean Power Plan

In a much-anticipated move, the U.S. Environmental Protection Agency (EPA) is proposing repeal of the Clean Power Plan (CPP). The draft proposed rule outlines EPA’s revised interpretation of its authority under Clean Air Act…more

Clean Air Act, Clean Power Plan, Energy Policy, EPA, Executive Orders

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New Developments at OSHA - July 2017

OSHA Seeks to Reverse Beryllium Rule For Certain Industries Beryllium, a lightweight metal, presents hazards in the workplace. It is has been linked to lung cancer and Chronic Beryllium Disease, a debilitating lung disease…more

Construction Industry, OSHA, Popular, Public Comment, Public Meetings

See all updates »

Recent Federal Actions to Streamline the NEPA Process

There has been a string of actions in the past few weeks addressing the federal government’s policy goal of streamlining the NEPA review process. Although a number of actions have been taken, it presently boils down to this: …more

Critical Infrastructure Sectors, Department of the Interior, Executive Orders, Infrastructure, NEPA

See all updates »

Tax Reform Bill Released

Republican leaders yesterday released their comprehensive tax reform bill, the “Tax Cuts and Jobs Act.” Although there has been a great deal of high-level discussion over the past few months regarding various tax reform…more

Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Legislative Agendas

See all updates »

Tax Reform Bill Limits Renewable Energy Credits

The much anticipated tax reform bill released today by the Republican leadership in the House would make several potentially significant changes to certain energy tax provisions. These would include changes to the Production Tax…more

Corporate Taxes, Energy Sector, Investment Tax Credits, Legislative Agendas, Production Tax Credit

See all updates »

Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood…more

Historic Preservation, Historical Landmarks, National Historic Preservation Act, National Park Service, Native American Issues

See all updates »

Oregon DEQ Pilot Program to Review Long-term Controls at Cleanup Sites

This March the Oregon Department of Environmental Quality (“DEQ”) is launching a pilot program to take a fresh look at long-term institutional and engineering controls implemented at cleanup sites that have received No Further…more

Consent Order, Environmental Protection Authority, Remediation, State Pilot Programs

See all updates »

U.S. District Court Judge Puts "Blacklisting" Rules on Hold

On October 24, 2016, one day before the "blacklisting" rules for federal On October 24, 2016, one day before the "blacklisting" rules for federal contractors that stem from the Fair Pay and Safe Workplaces Executive Order were…more

Blacklist, Disclosure Requirements, DOL, Executive Orders, Fair Pay and Safe Workplaces

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California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms

The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the sums…more

Attorney's Fees, Chemicals, OEHHA, Proposition 65, Public Benefits

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New Drug Testing Rules in Oregon Follow OSHA

Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.) However, as we blogged previously, many states have their own reporting…more

Anti-Retaliation Provisions, Drug Testing, OSHA, Reporting Requirements, Workplace Injury

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The Washington Supreme Court Addresses Meal Break Claims

The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is…more

Affirmative Defenses, AutoZone, Burden of Proof, Class Action, Employer Liability Issues

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New Highway Law Streamlines Federal Permitting and Environmental Review for Large Infrastructure Projects

Earlier this month, President Obama signed the Highway Authorization Act into law. One of the objectives of this legislation was to expedite federal authorization (licensing, permitting, approval, etc.) and environmental review…more

Highway Act, Infrastructure, NEPA

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ITC Prepares to Vote on the Suniva/SolarWorld proceeding re Crystalline Silicon Photovoltaic Cells

As we approach the critical September 22 vote of the U.S. International Trade Commission (ITC) for the U.S. solar industry, here is a brief review of how we arrived at this point and what to expect. This vote will constitute…more

Energy Sector, Free Trade Agreements, Imports, ITC, Manufacturers

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U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with…more

Clean Power Plan, Energy Sector, EPA, Order to Stay, SCOTUS

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Yvanova v. New Century Mortgage Corp.: Perceived Victories And Defeats On All Sides

In the area of consumer lending litigation, plaintiffs’ and defense attorneys alike have waited with bated breath for the California Supreme Court to issue its decision in Yvanova v. New Century Mortgage Corp. The decision was…more

Assignments, CA Supreme Court, Deed of Trust, Mortgage Lenders, Non-Judicial Foreclosures

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U.S. Supreme Court Clarifies Patent Eligibility Standards

In a recent decision, Alice Corp. v. CLS Bank Int’l, the U.S. Supreme Court clarified the test for determining whether a patent falls within one of the exceptions to patent eligibility under Section 101 of the Patent Act. The…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

See all updates »

EU-US Data Transfer Framework Agreement Announced – Called EU-US Privacy Shield

On Tuesday, February 2, the European Commission and the United States announced a political agreement on a framework for transatlantic data flows called the EU-US Privacy Shield. Currently the announcement appears to be…more

EU, EU-US Privacy Shield, International Data Transfers, US-EU Safe Harbor Framework

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