In United States v. Tonawanda Coke Corp., the U.S. Court of Appeals for the Second Circuit, in an unpublished opinion released on January 11, 2016, rejected Tonawanda’s appeal of the lower court’s judgment adjudicating it guilty of criminal offenses under the Clean Air Act (CAA) and Resource Conservation and Recovery…
In FinCEN Targets “All Cash” Real Estate Deals in Manhattan and Miami, my colleagues Carolina Fornos, Maria Galeno, Mark Hellerer, Caroline Harcourt, and I discuss the federal Financial Crimes Enforcement Network’s (FinCEN) first Geographic Targeting Orders (GTOs) of 2016 issued on January 13. The GTOs are directed exclusively at U.S.…
In the home stretch for 2015, Courts across the nation issued environmental decisions of note: U.S. Supreme Court Oral argument in the case of FERC v. Electric Power Supply Association was held in October of 2015, and a decision may be announced shortly. The controversy involves complex provisions in the Federal…
On December 29, 2105, the Pennsylvania Supreme Court issued a ruling that may be of considerable interest to oil and gas operators in Pennsylvania. In EQT Production Company v. Department of Environmental Protection of the Commonwealth of Pennsylvania, the Court considered the “whether a company threatened by an administrative agency with…
A Wisconsin District Court, in Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., No. 14-cv-99-bbc, recently denied a motion to certify a proposed nationwide class action of plaintiffs alleging their windows are defective. They claim breach of express and implied warranties under state law relating to allegedly defective windows installed…
In the fall of 2015, California Governor Jerry Brown signed into law Senate Bill 560 (Monning), a bill sponsored by the California Contractors State License Board (CSLB), that allows CSLB enforcement representatives (ERs) to issue a Notice to Appear in a California superior court enforcing a licensee’s obligation to secure valid…
The U.S. Court of Appeals for the Eighth Circuit has distinguished decisions from the Fifth and Tenth Circuit that appear, at first blush, to be in conflict with its ruling that the Interstate Commerce Commission Termination Act, 49 U.S.C. § 10501(b) (ICCTA), preempts state law negligence claims. In the case of…
In FAA Updates Guidance on Obstruction Lighting the Federal Aviation Administration recently released guidance on obstructions that may impact the National Airspace System, such as tall buildings, energy and electricity infrastructure, and communications towers. The FCC provides updated guidance for builders and developers on the requirements for marking and lighting any structure. Jennifer and Ken encourage developers…
In Five Things You Need to Know About the Extension of the ITC/PTC, Pillsbury partner Tom Morton discusses the 2016 Consolidated Appropriations Act (H.R. 2822) and the extension of federal income tax credits for solar, wind and certain other renewable energy facilities. Photo: Chris Potter, 3D Green Footprint, Taken December 7,…
In U.S. Repeals Longstanding Ban on Export of Crude Oil, my Pillsbury colleagues Dan LeFort, Paul Marston, Tom Campbell and I discuss the President’s recent signing of the Consolidated Appropriations Act, 2016, an Act that funds the Federal government through fiscal year 2016, and its repeal of the 40-year ban on the…