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 a conservation easement, a widely-used vehicle to safeguard lands from commercial development that could adversely affect environmental values. Continue Reading ›
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 discriminating in employment against individuals with disabilities, and requires them to take affirmative action to recruit, hire, promote, and retain these individuals. The new Section 503 regulations became effective on March 24, 2014, except for certain contractors with a written affirmative action program (AAP) in place. Recently, the OFCCP posted a checklist tool designed to assist contractors to assess their compliance with the Section 503 AAP requirements. OFCCP cautions that using the checklist does not ensure compliance, however, it should help contractors to enhance their awareness of their AAP obligations and alert them to potential compliance problems. Continue Reading ›
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 levying a fine of $398,900 against Knapp for buying and selling regulated animals without a license, in violation of the Animal Welfare Act.
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 specifically for marine and hydrokinetic (MHK) systems.” The projects will address technical challenges in 3 areas: (1) advanced controls, (2) crosscutting power take-off (PTO)—which converts mechanical motion into electrical power, and (3) innovative structures. Advancements in MHK technologies are expected to help effectively and sustainably harness increased amounts of renewable energy from waves, tides, and ocean currents, improving performance and reducing the cost of MHK technologies.
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 Re: Kellogg Brown & Root, Inc., et al. Continue Reading ›
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 in that capacity in violation of the Federal Vacancies Reform Act of 1998 (FVRA). The case is SW General, Inc. dba Southwest Ambulance v. National Labor Relations Board. Continue Reading ›
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. The case is In re Pesticide Action Network North America and Natural Resources Defense Council, Inc. v. EPA.
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 policy commitments to Cox, by failing to cover Cox’s costs for the millions of dollars that the company spent to clean up the pollution and debris caused to Cox’s Louisiana oil and gas facilities after they were severely damaged by Hurricane Katrina in 2005.
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 Carolina, Texas, Utah and Washington. Continue Reading ›
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 Commission that patches of smoldering and smoking coal observed by mine safety inspectors in a coal mine could support the issuance of safety orders, citations and fines. It was agreed that no visible flames were present, and the mining company challenged the basis of these sanctions. The case is The American Coal Company v. Federal Mine Safety and Health Review Commission and Department of Labor. Continue Reading ›
