Louisiana Governor Edwards’ Proposed Commercial Activity Tax Dies in House Ways and Means Committee

By | Louisiana Law Blog | April 25, 2017
Louisiana By William J. Kolarik, II On April 25, 2017, State Representative Sam Jones requested that the Louisiana House Committee on Ways and Means voluntarily defer HB628, which would have imposed a commercial activity tax upon many business organizations doing business in Louisiana.  View Full Post
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Analysis of Personal Jurisdiction Arguments at SCOTUS On “Mass Tort” Cases

By | GlobalTort | April 25, 2017
The following is a guest post from Maron Marvel Bradley Anderson & Tardy LLC. As always, the analysis is cogent and very much appreciated. HIGH COURT HEARS PERSONAL JURISDICTION ARGUMENTS April 25, 2017 – Washington, D.C. – Oral argument was heard today on two cases that may impact the application of the high court’s personal jurisdiction decision, Daimler AG v. View Full Post
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D.C. Circuit Delays SSM Rule Litigation

On April 24th, the U.S. Court of Appeals for the District of Columbia Circuit issued an order indefinitely delaying oral argument and holding in abeyance litigation over EPA’s 2015 Startup, Shutdown and Malfunction (SSM) Rule.  The order comes in response to EPA’s request for a continuance to allow it to review the SSM Rule for possible modification or repeal.  View Full Post
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DOJ Indictment of Senior Project Manager Reminds Employers of Severity of Potential Consequences When Dealing with OSHA Inspectors

By | OSHA Forum | April 25, 2017
A 49-year-old senior project manager for a roofing contractor was indicted on April 19 on three charges that he made false, fictitious and fraudulent statements to federal OSHA investigators. The Department of Justice accuses Peter Nees of lying to OSHA investigators during the inspection that resulted from a fatality at a Jacksonville, Florida, roofing project. View Full Post
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Impact of Delek Refining Decision On EPA’s RMP Penalty Policy

By | Louisiana Law Blog | April 25, 2017
louisiana By R. Lee Vail, P.E., Ph.D. At the very end of 2016, the Fifth Circuit Court of Appeals vacated two Occupational Safety and Health Administration (“OSHA”) citations for alleged violations of Process Safety Management (“PSM”) regulations. In that case, the Court held that OSHA was barred from issuing a citation for the failure to act on Process Hazard Analysis (“PHA”) findings/recommendations that remained open beyond the six month statute of limitations provided in 29 U.S.C.A. View Full Post
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What’s the Buzz? Tell Me What’s a-Happening

By | EnviroStructure | April 25, 2017
When the U.S. Fish & Wildlife Service placed the rusty patched bumblebee on the endangered species list back on March 21, many observers wondered how this action could impact a wide variety of infrastructure development proposals.  Unlike some of the recent controversial species management actions that implicated areas of the American west more accustomed to Endangered Species Act (ESA) issues, View Full Post
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Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

By Bob Wyman, JP Brisson, Joshua Bledsoe, Andrew Westgate, and Brittany Dryer On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. View Full Post
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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

By | Renewable + Law | April 24, 2017
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 under the Federal Land Policy and Management Act for a 230-kV transmission line conveying power generated from the wind project proposed for development on private land on the north side of Steens Mountain. View Full Post
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First District Holds Sonoma County Vineyard Development (VESCO) Permit Was Ministerial Approval Exempt from CEQA

By | CEQA Developments | April 24, 2017
On April 21, 2017, the First District Court of Appeal filed a 22-page published opinion providing significant guidance and analysis concerning the critical, but sometimes elusive, distinction between “discretionary” project approvals that are subject to CEQA and “ministerial” ones that are exempt from it.  View Full Post
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