On March 13, 2015, the U.S. Court of Appeals for the First Circuit affirmed the dismissal of a lawsuit seeking recovery of funds from the president of Environmental Careers Organization (ECO), a defunct Massachusetts non-profit company whose business was to place interns with the Environmental Protection Agency (EPA). ECO received…
Gravel2Gavel Construction & Real Estate Law Blog
Important New CWA Cases
On March 10, 2015, the U.S. Court of Appeals for the Fourth Circuit issued an unpublished opinion in Precon Development Corporation, Inc., v. U.S. Army Corps of Engineers. For several years, Precon has been contesting the Corps’ assertion of Clean Water Act (CWA) jurisdiction over Precon’s planned commercial and residential…
Supreme Court Decides 2 Important Administrative Law Cases
Without dissent, but with strong concurring opinions, the Supreme Court has decided two cases that could, over time, significantly affect the relationships between the federal government and the regulated community. In the first case, the Court was asked to review the distribution of regulatory powers between Amtrak, which operates many…
DC Circuit Denies Challenge to DOI’s Outer Continental Shelf Leasing Program for 2012-2017
In the case of Center for Sustainable Economy v. Sally Jewell and the Bureau of Ocean Energy Management, decided on March 6, 2015, the U.S. Court of Appeals for the District of Columbia Circuit denied the Center’s petition to review the Department of Interior’s (“DOI”) latest proposed leasing program. Section…
Reality TV ~ CSLB Discussion Forum for Contractors
In the fall of 2014, the California Contractors State License Board (CSLB) launched a new forum — CSLB TV — for engaging in discussions with contractors about issues and challenges that affect the construction industry. The first event, an interactive webinar on September 19, 2014 titled Doing It Right: HVAC…
3D Printed 5-Story, 1,100 Sq. Meters Villa?
Recently it was reported that Shanghai WinSun Decoration Design Engineering Co. has used 3D printing technology to create a 5-story, 1,110 square meters villa using construction waste. Pictures of the villa are included in the articles Chinese firm 3D-prints 5-story house using construction waste ‘ink’ and Exclusive: WinSun China builds…
Lining Up to Bid Protest
Today, my colleague Alex Tomaszczuk and I published our client alert Lining Up to Protest Bid — protest dismissed as company fails to allege it was “next in line” for award. The Alert discusses the U.S. Court of Federal Claims’ February 10, 2015 decision in Universal Marine Company, K.S.C. v.…
U.S. Court of Federal Claims Answers Jurisdiction Question
Wetlands mitigation banking agreements are subject to the rules of the U.S. Army Corps of Engineers (the Corps); they can serve a useful public purpose by assisting with the restoration and preservation of waterways subject to the Clean Water Act. On November 21, 2014, the U.S. Court of Federal Claims…
San Francisco Gross Receipts Tax Update: New Regulations Impact Returns Due Today
Beginning in 2014, every person engaging in business within San Francisco is subject to an annual Gross Receipt Tax (“GRT”) measured by the person’s gross receipts from all taxable business activities attributable to San Francisco. The GRT will be phased in and the existing Payroll Expense Tax phased out over…
Environmental Case Law Update (As of Feb. 26, 2015)
Readers may find helpful this recapitulation of recently-decided environmental law cases by the federal and state courts. The U.S. Supreme Court has issued two important rulings, and the court will be deciding important administrative law and Clean Air Act cases before the current term ends in June. 1. FEDERAL COURTS…