On June 30, 2014, the US Court of Appeals for the Fifth Circuit reversed the lower court’s determination that the State of Texas’ administration of its water management authority under state law violated the Endangered Species Act (ESA) by “taking” whooping cranes, a protected species under the ESA, by failing…
Evidently everyone does have an App, except me. OSHA’s Heat Safety Tool App enables workers and supervisors to calculate the heat index for their worksite. Based on the heat index, the App displays a risk level to outdoor workers and access via a “click” to reminders about the protective measures…
Today, the California Department of Industrial Relations (DIR) announced that it has approved implementation of the 2014/15 Alternative Security Program (ASP), which it boasts that this “first-in-the-nation, innovative program” “frees $7.54 billion in working capital and provides self-insured California businesses greater financial flexibility.” All employers in California are required to…
The Seattle Public Utilities (SPU) and Department of Planning and Development (DPD) are reportedly working together to increase recycling and salvage rates in the hopes of achieving Seattle’s landfill diversion goals — to divert 70%of construction and demolition waste from landfills by 2020. Because certain materials are easy to either…
On May 24, 2011, the Virginia Soil and Water Conservation Board adopted final stormwater management regulations (Virginia Stormwater Management Program (VSMP) Permit Regulation). The date for statewide local government implementation of stormwater management programs is July 1, 2014. As required by of the Code of Virginia, local governments will become…
Today, Pillsbury attorneys Eric Save, Michael Hindus and John McNeece published their advisory Proposed Implementing Legislation for the Mexican Energy Reform Will Create an Open, Competitive Electrical Power Industry. The Advisory notes that the Mexican Congress is debating a historic package of legislation to restructure the nation’s electrical power sector.…
In a decision released on June 25, 2014, the US Court of Appeals for the Second Circuit held that ASARCO LLC could not maintain CERCLA cost recovery actions against the trustees of residuary trusts created by the will of John D. Rockefeller, Sr. ASARCO, as part of its emergence from…
As discussed more fully in my advisory titled EPA Proposes to Eliminate Dual Standard for “All Appropriate Inquires” under CERCLA, on December 30, 2013, EPA published a final rule authorizing use of ASTM E1527-13 to comply with the Appropriate Inquiries (“AAI”) requirements for the innocent landowner, bona fide prospective purchaser,…
Today, Pillsbury attorneys Matthew Burke and Craig Becker published their advisory titled Ocean Avenue LLC v. County of Los Angeles Affirmed; AB 2372 Passes Assembly. The Advisory discusses the California Court of Appeal for the Second Appellate District’s June 3, 2014 order affirming the Superior Court ruling in Ocean Avenue…
For most industries, attracting both male and female consumers is a must, but successfully engaging both genders is not always easy. It is becoming more difficult given that both genders’ roles continue to change and their views on gender roles are ever evolving. In Monster Myth: Marketing To Women Alienates…