Legal News Archive: 2019

  • 04.22.2019

    The Second Tranche of Opportunity Zone Regulations: Answers to “Substantially All” of Our Lingering...

    On April 17, 2019, the U.S. Department of Treasury and the Internal Revenue Service released their highly anticipated second tranche of qualified opportunity zone (“OZ”) proposed regulations.[1]
  • 04.15.2019

    Who Decides The Arbitrability of The Dispute – Part II

    In July 2018, our Construction Alert addressed the question of who decides the arbitrability of a dispute when your contract includes an arbitration clause. 
  • 04.12.2019

    Patient Privacy Breach… All in a Day’s Work?

    It is a health care provider’s nightmare – despite extensive HIPAA training and best efforts to hire the right people, one of your staff members has gone rogue with a patient’s information. Whether a receptionist loudly comments on health information in a...
  • 04.01.2019

    Virginia is One Step Closer to State Regulation of Carbon Emissions

    In January of 2018, the Virginia State Air Pollution Control Board (“Air Board”) published a proposed rule to establish a CO2 emissions cap and trade program in Virginia (the “Original Proposal”).  The regulations set an initial state-wide target for CO2...
  • 04.01.2019

    What's All the PFAS About?

    Per- and polyfluoroalkyl substances (PFAS) are a group of over 4,000 synthetic chemicals that have been in use world-wide since the 1940s.  They are found in a wide array of consumer and industrial products, including firefighting foam; stain and water-...
  • 04.01.2019

    EPA Poised to Abandon NSR Enforcement Initiative

    On November 1, 1999, EPA Administrator Carol Browner and Attorney General Janet Reno jointly announced “an unprecedented action” to kick off their New Source Review (“NSR”) enforcement initiative.  On that day, EPA and DOJ filed civil enforcement actions...
  • 04.01.2019

    EPA Places Renewed Emphasis on Audit Policy

    There are many benefits of corporate environmental auditing programs for companies large and small, not the least of which is the potential mitigation of civil penalties for violations of environmental laws discovered during an audit.  For nearly 25 years,...
  • 04.01.2019

    Pack More Than An Umbrella: Minimizing Storm-Related Environmental Liability

    For many facilities and construction sites, the routine practical problems arising from wet weather go with the territory.  However, if stormwater management is compromised or if flooding and coastal storm surges occur, a storm can cause damage and...
  • 04.01.2019

    States Push Back on EPA's Position on Landfill Emissions

    Last year, we reported on EPA’s decision to allow the expiration of a moratorium on the 2016 Obama Climate Action Plan rule and guidelines seeking to reduce landfill methane emissions (“Methane Rule and Guidelines”).  Specifically, in early 2018, EPA informed...