2017 Louisiana Regular Legislative Session Ends On a Rather Anticlimactic Note

By | Louisiana Law Blog | June 23, 2017
Industrial Strength Graphic Only By Jaye Calhoun, Phyllis Sims, Willie Kolarik, and McClain Schonekas Despite consideration of an Ohio-style gross receipts tax, a Michigan-style single business tax and various versions of flat taxes, the 2017 Regular Session of the Louisiana Legislature ended on June 8, 2017, without the enactment of any significant tax reform. View Full Post
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It’s Time to Amend Operating Agreements As the Result of TEFRA Repeal

By | Louisiana Law Blog | June 23, 2017
labor By Jaye Calhoun and David Hamm It’s time to amend the governing documents of flow-through entities taxed as partnerships to address recent federal legislative changes impacting all such entities.  Failure to amend now could result in unfavorable tax consequences.  Section 1101 of The Bipartisan Budget Act of 2015 (the “BBA”) substantially changes how the Internal Revenue Service may conduct audits of flow through entities taxed as partnerships.  View Full Post
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U.S. 5th Circuit Decides That “Responsible Party” Under OPA 90 Can Seek Contribution from a Jointly-Liable Third Party

By | Louisiana Law Blog | June 23, 2017
A tow is pushing a barge up the Mississippi River. This single barge will be connected with others for a longer haul. By McClain R. Schonekas The M/V HANNAH C. SETTOON, owned and operated by Settoon Towing, L.L.C. (“Settoon”), was towing two crude oil tank barges on the Mississippi River when an attempted passage around the M/V LINDSAY ANN ERICKSON and its tow went badly resulting in a spill of 750 barrels of crude oil. View Full Post
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U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis).  According to the Service, the Greater Yellowstone Ecosystem Distinct Population Segment (Yellowstone DPS) of the grizzly bear has recovered to the point that federal protections are no longer necessary and overall management of the species can be returned to the states and tribes. View Full Post
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Pennsylvania Manufacturers’ Association Insurance Company V. Johnson Matthey, Inc.: Multiple Trigger Doctrine and Impacts to Superfund Litigation

By | E2 Law Blog | June 22, 2017
The Commonwealth Court recently held that certain Comprehensive General Liability (“CGL”) “occurrence” insurance policies issued before the institution of a blanket pollution exclusion cover latent environmental contamination that occurred during the policy period, even when such contamination does not manifest until after the policy period expires. View Full Post
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Federal Court Remands Corps Environmental Analysis for Dakota Access Pipeline

By | The Nickel Report | June 21, 2017
Despite oil already flowing through the pipeline, federal litigation involving the controversial Dakota Access Pipeline (DAPL) took another turn last week when partial summary judgment was granted to tribes challenging the adequacy of the US Army Corps of Engineers’ review of DAPL under the National Environmental Policy Act (NEPA) and other statutes. View Full Post
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Pennsylvania PERS Reform Shows Where This is Going

Last week the WSJ (paywall) reported on Pennsylvania’s PERS reform legislation. Not surprisingly, the reform moves toward 401(k) type retirement benefits as opposed to the soon-to-be-extinct pension system. From the article: The compromise measure will move most future state and public school workers at least partly into 401(k)-style plans to help shore up the deeply underfunded pension system and shift market risk from taxpayers to employees…. View Full Post
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First Appellate District Holds That Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under CEQA

By | CEQA Chronicles | June 20, 2017
Asphalt ProductionOn May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to Construct” (“ATC”) for an asphalt production plant could be challenged under CEQA.  View Full Post
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