In Minnick, et al., v. Commissioner of Internal Revenue, decided on August 12, 2015, involves conservation easements. The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. Tax Court’s decision that disallowed a charitable deduction under Treasury Regulation § 1.170A-14(g)(2) claimed by the taxpayers for the donation of…
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in late September 2013 published a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) at 41 C.F.R. Part 60-741. Section 503 prohibits federal contractors and subcontractors from…
The U.S. Court of Appeals for the Fifth Circuit issued an interesting ruling on July 31, 2015 that is excellent guide to this esoteric corner of federal government regulation and practice. In the case of Bodie S. Knapp dba The Wild Side v. U.S.D.A, the Court of Appeals largely upheld a governmental order…
Recently the Department of Energy announced that Re Vission Consulting, LLC (Sacramento, CA), Virginia Tech (Blacksburg, Virginia), Dehlsen Associates, LLC (Santa Barbara, CA), and Pennsylvania State University (State College, PA) were selected to receive $7.4 M “to spur innovation of next-generation water power component technologies, designed for manufacturability and built…
For the second time in two years, the U.S. Court of Appeals for the District of Columbia Circuit, in an important attorney-client privilege case, has issued a Writ of Mandamus to protect the contents of an internal corporate investigation that was led by the company’s lawyers. The case is In…
On August 7, 2015, the U.S. Court of Appeals for the District of Columbia vacated an order of the National Labor Relations Board (NLRB or Board) in an unfair labor practices matter because the Board’s Acting General Counsel, who plays a very prominent role in the Board’s enforcement work, was serving…
On August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a very rare Writ of Mandamus, directing the EPA to issue a “full and final response” by October 31, 2015 to a pesticide regulatory petition filed several years ago by the Pesticide Action Network North America. …
In another recent Fifth Circuit case, Cox Operating , L.L.C. v. St. Paul Surplus Lines Insurance Company, decided July 30, 2015, the Court of Appeals issued an important environmental/insurance ruling in an insurance recovery controversy. The Court of Appeals affirmed the lower court’s decision that the insurance company breached its…
Recently, the National Association of State Contractors Licensing Agencies coordinated a national sting operation carried out June 15-26, 2015 “to elevate consumer protection and deter illegal construction practices.” Nine states participated in the effort to combat what is commonly referred to as the underground economy: Arizona, California, Florida, Nevada, Rhode Island, South…
On July 31, 2015, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling affirming the Secretary of Labor’s interpretation of the term ”fire” in the Federal Mine Safety and Health Act of 1977, and accordingly affirmed a decision of the Federal Mine Safety and Health Review…