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 employer and the project manager for involuntary manslaughter. Christine Baker, Director of the Department of Relations (DIR) warns: “California employers must provide workers with the necessary protection and training so they can do their jobs safely… When our investigations uncover negligent behavior by employers, we exercise our full jurisdiction to protect workers – including referrals to district attorneys for prosecution.” Cal/OSHA Chief Juliann Sum joined in, warning: “When preventable deaths occur on the job, employers must be held accountable.”
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 and golden eagles incident to otherwise lawful activities from 5 to 30 years. The case is Shearwater, et. al. v. Dan Ashe, Director, U.S. Fish and Wildlife Service, et al.
Timing is Everything: 9th Cir. Affirms IRS’ Disallowance of Charitable Deduction for Conservation Easement
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 ›
OFCCP Publishes Checklist for Compliance with Section 503 Affirmative Action Program Requirements
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 ›
5th Cir. Reviews Levy of $398K Fine
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.
$7.4 M Boost to Marine and Hydrokinetic Systems Development
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.
DC Court of Appeals Revisits Attorney-Client Privilege/Work Product Doctrine for Internal Corporate Investigation
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 ›
The NLRB, FVRA and Limitations of Chevron Deference
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 ›
Ninth Circuit Directs EPA to Act on Petition
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.
5th Cir. Issues Important Decision re Environmental Cleanup/Insurance Coverage
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.