Yesterday, Pillsbury attorney Robert Wallan published his client alert titled In Reversal, California Supreme Court Allows Assignment of Coverage for Liability Claims. The Alert discusses the California Supreme Court’s reversal of its own heavily criticized decision in Henkel Corp. v. Hartford Accident & Indem. Co. (2003) 29 Cal. 4th 934. …
Gravel2Gavel Construction & Real Estate Law Blog
District Court Issues Preliminary Injunction, Enjoining New Rule Redefining “Waters of the United States”
On August 27, 2015, the U.S. District Court for the District of North Dakota, Southeastern Division, issued a preliminary injunction enjoining the new rule jointly promulgated by EPA and the U.S. Army Corps of Engineers redefining “Waters of the United States,” which is a linchpin of federal regulatory jurisdiction under the Clean…
SEC Adopts Final Pay Ratio Disclosure Rules
Today, Pillsbury attorneys Mark Jones, and Jessica Lutrin published their client advisory titled SEC Adopts Final Pay Ratio Disclosure Rules. The Advisory discusses the SEC’s adoption of its Final Rule under the Dodd-Frank Act to require U.S. public companies to disclose the ratio of the annual total compensation of their principal executive…
NV Shining Bright Light on Solar Contractors
The Nevada State Contractors Board (NSCB) appears to be continuing its efforts to ensure that solar companies remain in compliance with state regulations. NSCB reports that it is using a series of outreach presentations to contractors and homeowners interested in solar construction, reporting, in part, on licensing-related violations within the industry.…
9th Circuit Issues CWA Decision re Water Transfers on the Klamath River
The U.S. Court of Appeals for the Ninth Circuit issued a ruling Friday in the case of ONRC Action v. United States Bureau of Reclamation. Affirming the district court, the Court of Appeals held that the transfer of water into the Klamath River by means of the Klamath Straits Drain, as…
7th Circuit “going outside the record” to reverse District Court’s grant of a motion for summary judgment
In what may be a harbinger of things to come, the U.S. Court of Appeals for the Seventh Circuit debated the propriety of using the court’s own internet research to decide a case before it. The case is Rowe v. Gibson, et. al., decided on August 19, 2015; a pro se…
2nd Circuit Affirms Finding that New York Fracking Moratorium is Not a Force Majeure Extending the Term of the At-issue Leases
On August 19, 2015, the U.S. Court of Appeals for the Second Circuit issued a ruling discussing the impact of New York State’s “Fracking Moratorium” on some existing oil and gas leases. The case is Beardslee, et al., v. Inflection Energy, LLC, et al. The Court of Appeals affirmed the district court’s…
SEC’s Conflict Minerals Rule Again Held to be Unconstitutional
In the latest ruling in the case of National Association of Manufacturers, et al., v. SEC, a divided panel of the U.S. Court of Appeals for the District of Columbia held today that the Secuiety and Exchange Commission’s “conflict minerals” rule’s compelled disclosures—affecting the acquisition of certain minerals produced in the…
Worker’s Death Results in Prison Term for Construction Company Owner and Project Manager
UPDATE: Cal/OSHA Cites Two Employers More Than $300,000 for Exposing Workers to Cave-In Hazards after Stop-Work Order Issued Recently, Cal/OSHA issued a News Release confirming that its criminal investigation into a cave-in death of a day laborer in late January 2012 has resulted in a 2-year prison sentence for both the…
N. Cal. District Court Rejects FWS’s New 30-Year Bald and Golden Eagle “Take” Permit Extension
On August 11, 2015, the U.S. District Court for the Northern District of California, San Jose Division, issued a long ruling deciding a challenge to a new rule, adopted by the U.S. Fish and Wildlife Service (FWS) in December 2013, which increased the maximum duration of a “programmatic permit” to “take” bald…