All Articles
Supreme Court Puts Clean Power Plan on Hold
Recently the Supreme Court, for the first time, halted the implementation of an EPA rule before review by the Court of Appeals. As reported on this blog, in August the EPA adopted rules under the Clean Air Act to ensure that by 2030, carbon dioxide e...
Continue Reading >
Leasing Restrictions in Condominiums Are Still "Use" Restrictions
We wrote about the Filmore v. Unit Owners Association of Centre Pointe Condominium case in a prior blog post, when the Washington Court of Appeals issued its decision in the case. The court of appeals ruled that, based on the language of the Washingt...
Continue Reading >
Heading Into Muddied Waters
August 28, 2015, was the effective date of a new regulation that many argue expands permitting requirements for project development and other activities near or in waterbodies. The U.S. Environmental Protection Agency ("EPA") and Army Corps of Engine...
Continue Reading >
If Your Company Uses Subcontracted Labor, the NLRB May Find You to Be a "Joint Employer"
A new decision by the National Labor Relations Board defining joint employers for the purposes of collective bargaining is a good reminder to employers and contractors to make certain that policies and contracts precisely define who and who is not an...
Continue Reading >
EPA Adopts Clean Power Plan
Earlier this week, the EPA adopted rules under the Clean Air Act intended to ensure that by 2030, carbon dioxide (CO2) emissions from existing power plants will be 32 percent below 2005 levels. The rule establishes emission performance rates for foss...
Continue Reading >
As a Matter of Fact, Raisins Are Protected By the Fifth Amendment
Earlier this year we wrote about the Ninth Circuit Court of Appeals case of Horne v. Department of Agriculture (here). In that case, the court of appeals ruled that a Department of Agriculture marketing order that required raisin farmers to divert a...
Continue Reading >