The U.S. Army Corps of Engineers often exercises its Clean Water Act (CWA) Section 404 permitting authority through administrative “jurisdictional determinations”, in which the agency usually determines whether a proposed project involves the deposit or disposal of dredge and fill material into wetlands deemed to be “waters of the United…
On September 21, 2015, the U.S. Court of Appeals for the Seventh Circuit issued an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), cost recovery lawsuit ruling relating to a contractual release of liability that pre-dated CERCLA. The case is The Peoples Gas Light and Coke Company v. Beazer East, Inc.…
Pursuant to his authority under California Government Code § 8620, Governor Brown declared a state of emergency on September 11 in Amador and Calaveras Counties, and on September 13 for Lake and Napa Counties for the wildfires that started in early September. Contractors beware that Section 7028.16 of California’s Contractors’ State…
UPDATE: Stevens Wins Solar Decathlon 2015 — CONGRATULATIONS! The U.S. Department of Energy’s Solar Decathlon is a biennial event that challenges collegiate teams to design, build, and operate solar-powered houses that are cost-effective, energy-efficient, and attractive. The winning team will be the one that best blends affordability, consumer appeal, and design…
The Philadelphia Department of Licenses and Inspections (L&I) has posted notice that the new demolition contractor license requents are effective October 1, 2015. L&I has made available information on Demolition Contractor License Class A and Class B application requirements. According to its website, L&I will begin accepting license applications on September 14, 2015 and…
In late August 2015, the California Supreme Court denied Pacific Caisson & Shoring, Inc.’s (Pacific Caisson) petition for review of the Second Appellate District Court of Appeal’s decision affirming the trial court’s judgment that Pacific Caisson did not substantially comply with the requirement that a contractor be licensed while performing work requiring a…
The Philadelphia Department of Licenses and Inspections (L&I) a has issued a Notice regarding new Occupational, Safety and Health Administration (OSHA) 10 and OSHA 30 safety training (or equivalent) requirements in effect October 1, 2015. L&I is offering Safety Training Information Sessions on the new training requirements on September 30, October 7,…
On September 11, 2015, the United States District Court for the Eastern District of Louisiana issued a significant ruling holding that CERCLA’s “Petroleum Exclusion” applies to the release of crude oil and any quantities of benzene, toluene and xylene present in this crude oil resulting from the Deepwater Horizon oil spill…
In Gongloff Contracting, L.L.C. v. L. Robert Kimball & Associates, Architects & Engineers, Inc., 2015 Pa. Super 149 (Pa. Super. Ct. July 8, 2015), the Superior Court of Pennsylvania reversed the trial court’s decision and held that a claim for negligent misrepresentation could be based on faulty design documents under…
UPDATE: CSLB Taking Steps to Implement New, Simplified Home Improvement Salespersons Registration Process (posted November 12, 2015) On September 8, 2015, California Governor Edmund G. Brown Jr. signed into law Senate Bill 561 (Monning), a bill that simplifies the home improvement salespersons (HIS) registration process to a single registration even…