From the Ground Up

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Jan 15, 2019

Environmental, Legal Developments—California, From the Ground Up

California’s Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, continues to be amended to address errors and omissions in the original regulations. Proposition 65 applies to all businesses in the chain of com...

Oregon’s 2019 Cap and Invest Legislation

Jan 18, 2019

By Jeff C. Miller

Environmental, Legal Developments—Oregon, From the Ground Up

Speaking today at a seminar sponsored by the University of Oregon, Senator Michael Dembrow and Representative Karin Power stated that they intend to introduce cap and invest legislation by the end of this month. The system is aligned with the Western...

Supreme Court to Take Up Protection of Confidential Information Provided to the Government

Jan 23, 2019

By Brian Esler

Intellectual Property, From the Ground Up

On January 11, the United States Supreme Court announced it accepted the Food Marketing Institute’s cert petition to review the Eighth Circuit’s decision in Food Marketing Institute v. Argus Leader Media, representing the latest development towa...

Condo Lien Gone Wrong: Summary Lien Procedure used Successfully to Challenge Excessive Condo Lien

Feb 26, 2019

By James T. Yand

Housing, Real Estate, From the Ground Up, Legal Developments—Washington

ServPro filed a single lien on a condo for water damage remediation work in the amount of $183,945.09 but did not allocate proportionally the amount of its billing among the 20 units impacted. This mistake illustrates the difficulties in getting a li...

Portland-Area Consumer Price Index Discontinued

Mar 20, 2019

By Jonathon L. Goodling, Nathaniel Levy

Leasing, From the Ground Up

Many local commercial leases use the Portland-area consumer price index ("CPI") to calculate periodic rent adjustments. That index was discontinued in 2018.  For commercial landlords and tenants whose leases rely on the now-discontinued Portland...

Oregon Supreme Court Allows Coos Bay Terminal Project to Move Forward

Jul 27, 2018

Legal Developments—Oregon, Ports, From the Ground Up

On July 26, 2018, the Oregon Supreme Court affirmed the Court of Appeals in its affirmance of a Department of State Lands' (DSL) final order granting a permit to the Port of Coos Bay that allows the Port to dredge 1.75 million cubic yards of materi...