Parties to a construction contract often expressly agree that any disputes shall be resolved through arbitration. Traditionally, construction entities have placed these “arbitration clauses” into their contract under the belief that arbitration would lead to the resolution of a dispute in a manner quicker and cheaper than a state or federal lawsuit. In recent years,
US EPA Violated Federal Law by Using Taxpayer Dollars to Fund “Covert Propaganda” and Illegal Grassroots Lobbying
A federal investigation has revealed that US EPA violated federal law by utilizing “covert propaganda” and illegal grassroots lobbying to encourage voters to support its Waters of the United States Rule (the “Clean Water Rule“). US EPA’s legal violations in the context of the Clean Water Rule could lead to additional trouble for the agency.
Choice of Law Provisions: Cheap Insurance Against the Unpredictable
Choice-of-law provisions can be simple, single-sentence contract clauses that provide some certainty to disputes that may arise out of a contractual relationship. One such way that these clauses enhance the predictability of disputes is by limiting the remedies available to the parties to the contract to those available under the chosen law. This can be
Decades Later – McCorpen Still at Work
As a final follow up on our previous posts (here and here) monitoring Meche v. Doucet’s progression through the court system, we report that on October 5, 2015, the United States Supreme Court denied writs. As previously reported, in Meche, 777 F.3d 237 (5th Cir. Jan. 22, 2015), the Fifth Circuit expanded the
Environmental Challenge Blasts Kern County Oil and Gas Rules
On Thursday, December 10, environmental organizations filed a complaint against Kern County in California Superior Court alleging that the County violated the California Environmental Quality Act (“CEQA”) by preparing a “grossly inadequate” Environmental Impact Report (“EIR”) for its new oil and gas rules. The Sierra Club, Center for Biological Diversity, and the Natural Resources Defense
Obama Administration Encourages Private Investment in Natural Resources Mitigation
The Obama administration recently released a presidential memorandum (Memorandum)—a tool the executive branch uses to direct the actions of government officials and federal agencies—designed to encourage private and non-profit sector investment in natural resources restoration and public-private partnerships. The Memorandum aims to instill a policy of first avoiding and then minimizing adverse effects to natural
Don’t Flush: New Rule for Hazardous Waste Pharmaceuticals Proposed for US Healthcare Facilities
Healthcare facilities take note: US EPA recently issued a proposed rule for outlining management and disposal standards for hazardous waste pharmaceuticals that are generated specifically by healthcare facilities. The proposed rule addresses the “regulation of the reverse distribution mechanism used by healthcare facilities for the management of unused and/or expired pharmaceuticals” and aims to “strengthen
Ninth Circuit Invalidates US EPA’s Unconditional Registration of Sulfoxaflor Insecticide as the Agency Also Faces Other Challenges to Its Pollinator Protection Efforts
On September 10, 2015, in Pollinator Stewardship Council et al. v. EPA, the Ninth Circuit Court of Appeals invalidated US EPA’s unconditional registration of the insecticide sulfoxaflor, concluding that the scientific data relied upon by the agency regarding the product’s potential impact on honey bees did not support approval of the insecticide. Sulfoxaflor, which
What Do Drones, the U.S. Open, September 11, and the National Association of Realtors Have in Common?
This year’s U.S. Open has brought its fair share of excitement on the court. The sport’s beloved Serena Williams, who was just two matches away from being only the fourth female to complete a calendar grand slam, was eliminated by an unranked Italian player, and an potential showdown between tennis’ rock stars Novak Djokovic and Roger Federer make this year’s
Federal Judge Sides With US EPA In Pebble Mine FOIA Litigation
On August 24, 2015, Judge H. Russel Holland of the US District Court for the District of Alaska dealt a blow to Pebble Limited Partnership’s (Pebble Partnership) efforts to obtain documents which it believes could support its claim that US EPA failed to comply with the Federal Advisory Committee Act (FACA) by coordinating with environmental