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Gravel2Gavel Construction Law Blog Blog

Articles: 1-10 of 546

Solicitor of the U.S. Department of the Interior Modifies Its Interpretation of “Incidental Take” Policy Under Migratory Bird Treaty Act

USA - January 12 2018 On December 22, 2017, the Office of the Solicitor of the Department of the Interior issued a Memorandum re: The Migratory Bird Treaty Act Does Not…

Second Circuit Confirms that Secretary of Labor’s Decision Regarding Which Federal Law Applies is Subject to Chevron Deference

USA - January 12 2018 On December 18, 2017, the U.S. Court of Appeals or the Second Circuit decided the case of Secretary of Labor v. Cranesville Aggregate Companies, Inc…

Ninth Circuit Grants Petition for Writ of Mandamus and Orders EPA to Promptly Begin a Rulemaking to Reduce the Risk of Lead Paint Poisoning

USA - January 12 2018 On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit granted a petition seeking a writ of mandamus to compel the Environmental…

DC Circuit Upholds the New OSHA Silica Rule But Remands Medical Removal Protection Standard Issue

USA - January 12 2018 On December 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a unanimous opinion upholding most of the Occupational…

Sixth Circuit Denies that Government Action Had Legal Consequences Appealable Under the APA

USA - January 12 2018 On December 18, 2017, the U.S. Court of Appeals for the Sixth Circuit employed recent U.S. Supreme Court Administrative Procedure Act (APA) rulings to…

End of the Road for the Utah Prairie Dog’s Iconic Commerce Clause Status

USA - January 10 2018 Last March, the U.S. Court of Appeals for the Tenth Circuit revered the District Court’s ruling that the U.S. Fish and Wildlife Service (Service)…

Montana Supreme Court: Montana Common Law Restoration Claim is Not Preempted by an Ongoing CERCLA Cleanup

USA - January 10 2018 On December 29, 2017, the Montana Supreme Court decided an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)…

Closing Out 2017, EPA, BLM and BSEE Provide Public Notice of Significant Regulatory Actions

USA - January 2 2018 On December 28, the Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking (ADPRM) at 82 FR 61507 soliciting…

Third Circuit Addresses Preemption By Federal Common Law

USA - December 20 2017 The states employ unclaimed property laws (also referred to as escheat laws) to determine if property owned by one person but that is in the…

The Fall 2017 Unified Federal Regulatory Agenda

USA - December 20 2017 The U.S. General Services Administration’s (Administration) latest semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions has been…