Not to be lost in the holiday hustle and bustle, two Executive Orders from October could, if fully implemented, significantly affect federal administrative law. In “Trump Issues Executive Orders to Rein In Use of Guidance Documents in Enforcement Proceedings,” colleagues Matthew W. Morrison, Mark E. Elliott and Anthony B. Cavender take a…
Issued by 13 federal agencies, the 2018 Fourth National Climate Assessment presented a stark warning on the consequences of climate change for the United States. The report predicts that if significant steps are not taken to rein in global warming, the damage will reduce the U.S. economy by as much…
As 2019 winds down, the Affordable Housing Credit Improvement Act of 2019 is gaining momentum in Congress. The Act, which is aimed at expanding and strengthening the low-income housing tax credit, was originally introduced in 2016. The Consolidated Appropriations Act of 2018 adopted two key provisions of the original bill—a…
Earlier this month, the Supreme Court heard oral arguments in two important environmental cases—one that could change the approach to routine maritime charters and another that could introduce a potentially punishing permitting regime via a CWA citizen suit. Cleaning the Delaware: CITGO Asphalt Refining Company v. Frescati Shipping Company The…
Colleague Robert A. James has authored the United State chapter of Global Legal Group’s Energy 2020 in which he provides an overview of the current U.S. energy marketplace. In the chapter, Rob discusses the progress as well as the clashes on policies and projects in a wide variety of arenas,…
A recent decision by the Court of Appeals for the Federal Circuit could have lasting ramifications for government contractors. In Raytheon Co. v. Sec. of Def., the court held that salary costs associated with lobbying activities are expressly unallowable, and therefore subject to penalties. In “Federal Circuit Decision Addressing Salary…
Gov. Gavin Newsom recently signed the Tenant Protection Act of 2019, legislation that caps annual rent increases in California for the next decade. Prior to the Tenant Protection Act, the only state-level protections against rent increases were price-gouging limits that apply only after natural disasters. (See Cal. Penal Code Section…
Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to their jurisdiction. The Light Touch of Title I On October 1, 2019, the U.S. Court of Appeals for the…
The federal government has long encouraged the development and use of alternative fuels by enacting legislation that promises tax credits for such use. However, special care must be taken to ensure that all of the requirements of the law are observed. This has been made clear by recent rulings of…
Sustainability has evolved from a passing trend or niche preference into an undeniable, growing driver of the real estate market. This is particularly true as millennials comprise an increasing proportion of the workforce, home-buying population, and individuals influencing the future of real estate development in the United States. If anything…