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Gravel2Gavel Construction Law Blog Blog

Articles: 1-10 of 510

U.S. Dodges OPA Claim But Must Defend Against Insurer’s Negligence Claims

USA - September 21 2017 On September 15, the U.S. Court of Appeals for the First Circuit released a significant Oil Pollution Act (OPA) ruling. The case is Ironshore…

NYDEC Waived Right to Act on a CWA 401 Water Qualification

USA - September 21 2017 The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC…

Ninth Circuit Weighs in on “Field and Obstacle Preemption,” Reversing District Court’s Finding of Preemption

USA - September 21 2017 Whenever a claim is made that a state law has been prempted by an analogous federal law, the courts will rigorously test the strength of the claim. As…

Fifth Circuit Joins Tenth Circuit, Holding that Federal ALJs are Subject to Appointments Clause of the U.S. Constitution

USA - September 15 2017 On September 7, the U.S. Court of Appeals for the Fifth Circuit granted a stay of a Federal Deposit Insurance Corporation (FDIC) order, following a…

Wyoming Law Criminalizing Crossing Private Property to Collect Resource Data Regulates the “Creation” of Speech

USA - September 8 2017 In an unusual case, Western Watersheds Project, et al v. Michael, Attorney General of Wyoming, decided on September 7, 2017, the U.S. Court of Appeals…

County Ordinance Preempted by State’s Comprehensive and Complex Permit Program

USA - September 5 2017 In the case of EQT Production Company v. Wender, et al., on August 30, the U.S. Court of Appeals for the Fourth Circuit affirmed, in a 2-1 ruling, the…

Ninth Circuit Affirms EPA/Sierra Club Consent Decree Extending CAA Deadline

USA - September 5 2017 On August 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Sierra Club, et al., v. State of North Dakota, et al., a Clean Air…

Time Will Tell Whether Trump Executive Order Succeeds in Reducing Time for Federal Environmental Review and Permits for Major Infrastructure Projects

USA - September 1 2017 On August 15, 2017, President Trump issued Executive Order 13807 (EO 13807), which seeks to streamline federal environmental review and approvals of…

“Spanish Peaks” and Leases in a Landlord’s Bankruptcy - Tenants Beware!

USA - August 25 2017 The recent Spanish Peaks decision from the Ninth Circuit (covering Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington)…

Second Circuit Upholds Denial of CWA Certification Where Applicant Failed to Submit Requested Information

USA - August 24 2017 The U.S. Court of Appeals for the Second Circuit, in the case of Constitution Pipeline Company, LLC v. New York Department of Environmental…