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Results: 1-10 of 11

North Dakota to sue Minnesota over carbon tax

  • Alston & Bird LLP
  • -
  • USA
  • -
  • January 4 2010

According to a report in The Bismarck Tribune, the state of North Dakota appears prepared to sue Minnesota over a carbon tax that is set to begin in Minnesota in 2012

Use of IRS pre-filing agreement program and deduction of federal False Claims Act, supplemental or beneficial environmental projects (SEP) and other government settlements

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • October 15 2009

Hunton & Williams LLP recently represented a major publicly traded company before the Internal Revenue Service (IRS) to secure deductions sought for one of the largest judgments and settlements under the federal False Claims Act (FCA

Oregon building’s green features & LEED certification play role in property tax appeal

  • Arent Fox LLP
  • -
  • USA
  • -
  • May 31 2011

Conceived to become the only privately funded LEED Silver-certified space anywhere in the state of Oregon, green building features at the 6-story, mixed-use Elements Building in downtown Corvallis were the subject of a recent proceeding - and written judicial opinion - in Oregon Tax Court

Tax Injunction Act does not bar a levy imposed on a single entity

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • August 9 2011

On June 20, 2011, the U.S. Court of Appeals for the Fourth Circuit ruled that the federal district court for the District of Maryland has jurisdiction to adjudicate a case involving the constitutionality and validity of a carbon dioxide emissions levy (Emissions Levy) enacted in 2010 by Montgomery County, Maryland (County

Federal court has jurisdiction over local carbon tax dispute

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • June 27 2011

The 4th Circuit held this week that a federal district court has jurisdiction over a case challenging a local carbon tax, even though the Tax Injunction Act generally deprives federal courts of jurisdiction in state or local tax controversies

Legislation targets enviro-activist lawsuits

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • September 14 2011

U.S. Representative Cynthia Lummis (RWyo.) and Senator John Barrasso (R-Wyo.) jointly introduced the Government Litigation Savings Act, legislation that prevents abuse of the Equal Access to Justice Act (EAJA), 5 USC Sec. 504, by large environmental groups and others who frequently challenge the federal government in court

Federal court dismisses EPA’s CERCLA claim as untimely

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 4 2012

A federal court in Illinois has dismissed a claim filed by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCL A) against the possible owner of a contaminated site in Chicago, ruling that the claim was barred by the statute of limitations

Colorado Court of Appeals releases significant decision affecting Colorado conservation easement litigation

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • March 21 2012

On March 15, the Colorado Court of Appeals issued its much anticipated decision in Kowalchik v. Brohl

New Jersey property tax refunds may be held to cover environmental remediation

  • Cole Schotz Meisel Forman & Leonard PA
  • -
  • USA
  • -
  • September 20 2012

In July of this year, the New Jersey Legislature modified the law addressing tax refunds by requiring a New Jersey property tax refund for certain industrial sites to be deposited with the New Jersey Department of Environmental Protection and applied towards remediation costs instead of being paid to the owner or tax lien holder

What matters: A review of 2011 and 2012

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • April 1 2013

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the

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