That question was one of several issues addressed by EPA in its review of a Petition for Objection filed by the Louisiana Environmental Action Network (“LEAN”) on Title V permits issued to ExxonMobil’s Baton Rouge Refinery. The Clean Air Act requires that a state agency give reasonable “opportunity for public comment and a hearing” on
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Boone – Pathfinding in Smallwood
By Kean Miller
If the terms “removal” and “fraudulent joinder” pique your interest, you will want to familiarize yourself with the recent United States Fifth Circuit Ruling in Boone v. Citigroup, Inc., ___ F.3d ___ (5th Cir. 2005), 2005 WL 1581091 (5th Cir. (Miss.)).
In Boone, the Fifth Circuit explained its holding in its earlier en banc opinion…
Videotaping the Last Will and Testament
By Kean Miller
The Governor has signed into law Act no. 79 of the 2005 Louisiana Legislature which creates New Code fo Civil Procedure Article 2904 allowing for the admissibility of videotape of the execution of a testament. The videotape evidence may be entered in a contradictory trial to probate a testament or in an action to annul…
Health Law Notes, Winter 2005
By Kean Miller
In August of last year, a Colorado Federal District Court decided there is no private right of action under the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Strangely, this case was not brought by an individual claiming the health care provider, a hospital, had violated the individual’s HIPAA rights.…
Instant Messaging: Does It Belong In the Workplace?
In a given year, the average American teenager and young adult will spend 868 hours (36 days) online. Roughly 20 percent of this time is spent IM (IM). One recent study showed that of the 24 million U.S. teens that go online, one in five, or about 5 million, considers IM their primary means of…
Products Liability Victory on Summary Judgment
By Glenn Farnet
Glenn M. Farnet recently won a significant products liability victory for Black & Decker (U.S.) Inc., in the United States Fifth Circuit Court of Appeals. While using a pneumatic brad nailer, the plaintiff was blinded in one eye after a nail ricocheted off of the work surface. The district court granted Black & Decker’s summary…
New Notice Requirements Under USERRA
In December of 2004, Congress amended the Uniform Services Employment and Re-employment Rights Act (USERRA) 38 USC §§ 4301, et seq. The recent amendment (38 USC § 4334) requires that employers provide eligible employees with notice of their rights, benefits, and obligations under USERRA. The notice requirement can be met by posting a notice where…
EPA Reconsiders Fee and Antibacksliding Provisions in Ozone NAAQS
By Kean Miller
On February 3, 2005, the U.S. Environmental Protection
Agency (EPA) responded to two issues raised in petitions for reconsideration filed in response to EPA’s rule to implement the 8-hour ozone National Ambient Air Quality Standard (NAAQS). See, 70 Fed. Reg. 5593. The federal agency also proposed to revise two aspects of the implementation rule first…
How Specific Do Employers Need to Be?
By Kean Miller
A recent decision of the Court of Appeals for the Fifth Circuit, Clara Patrick versus Tom Ridge, Secretary, Department of Homeland Security, No. 04-10194 (December 2004) shows how a lack Of “sufficient clarity” in articulating a reason for an employment decision can sometimes negatively impact an employer.
The employee in this case advanced charges of…
Commercial Litigation: Seven Practical Tips
Business executives who face commercial lawsuits as plaintiffs or defendants understand the effect litigation has on a business. The following article addresses seven important issues that savvy business owners should be aware of – in the boardroom and in the courtroom – when it comes to commercial litigation.…