On June 19th, a group of diverse businesses from a variety of industries announced the formation of the Transportation Electrification Accord (“Accord”). This announcement signaled an increasingly firm consensus around the importance of open, resilient, and cooperative approaches to transportation electrification — and major companies and organizations, some of whom have not previously been active in
Louisiana and Parishes Considering How to Realize Benefit from Scotus’ Wayfair Decision – Working to Change Effective Date of Enabling Legislation
The Louisiana Legislature is considering last minute legislation to change the effective date of legislation allowing the State to tax remote sellers but has not acted to make other centralized collection legislation operative. It may not have to.
Today, in a 5-4 decision with far-reaching implications, the Supreme Court of the United States issued its
Suddenly Everything Has Changed: United States Supreme Court Adopts an Undefined Uniform Substantial Nexus Standard, Overturns Quill, and Fundamentally Alters the State Tax Landscape in Historic Wayfair Decision
By the Kean Miller State and Local Tax Team
On June 21, 2018, the Supreme Court of the United States issued its opinion in South Dakota v. Wayfair, Inc., Dkt. No, 17-494, 585 U.S. __ (June 21, 2018). In addition to overturning the physical presence substantial nexus standard applicable to use tax collection requirements articulated
SALT Tax Alert: SCOTUS Issues Decision in Wayfair Case
Today, the Supreme Court of the United States issued perhaps the most significant and far-reaching decision affecting state sales and use tax collection since its Quill v. North Dakota decision in 1992. The high court expressly overruled the Quill decision, stating that the decision’s “physical present rule…is unsound and incorrect.” As a result of today’s
Louisiana Board of Tax Appeals Holds that the Individual Net Capital Gain Exclusion Applies to a Multi-Step Transaction
In Camp v. Robinson, No. 10609D, (La. Bd. Tax App. June 13, 2018), the Louisiana Board of Tax Appeals (the “Board”) held that Louisiana’s Individual Net Capital Gain Exclusion applies to a multi-step transaction. In so holding, the Board read more broadly the scope of the transactions to which the capital gain exclusion may
Interstate Water Dispute Nears Decision by Supreme Court
As our changing climate threatens to exacerbate drought conditions in parts of the country, disputes between states over rights to water are likely to become far more common, and to have far higher stakes. Early this year, the Court heard arguments in two separate water apportionment cases—one involving a dispute between Texas and New Mexico
Agencies Gearing Up to Address Risks Posed by PFAS Contamination
image credit: Ineke HuizingPFAS—a class of chemical substances commonly used in a wide range of products—are drawing increased scrutiny from regulators. Businesses and municipalities should closely follow these developments, as they create both new risks of liability for substantial response costs and opportunities to make gains on environmental quality.
Short for “per- and polyfluoroalkyl
West Virginia joins majority view on oil and gas leasing with new cotenancy statute
On March 5, 2018, the West Virginia Legislature passed new legislation known as the Cotenancy Modernization and Majority Protection Act, W. Va. Code § 37B-1-1 et seq. (Cotenancy Statute). This new Cotenancy Statute, which became effective June 3, 2018, is intended to facilitate oil and gas development of West Virginia properties that have numerous fractional
Louisiana Department of Revenue Undeterred by Rulings in Favor of Taxpayers; Continues Severance Tax Audits and Assessments of Oil Producers
Over the last two or more years, the Louisiana Department of Revenue (the “Department”) has audited oil and gas producers operating in the state for severance-oil tax compliance. Of the completed audits, a significant number have resulted in a formal assessment, and many of those assessments are the subject of current, ongoing litigation. The Department
May 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure
We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, our monthly newsletter that provides bite-sized updates on EU and UK law, procedure and policy. This month we review more than 20 developments that may be of interest