Mr. David A. Ludder Transmitted a February 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Administrator under Clean Water Act §505(a)2,33U.S.C. §1365 (a)2....more
A California federal court partially granted a motion to compel arbitration by car care franchisor Spiffy Franchising. However, the court invalidated provisions in the franchise agreement providing for dispute resolution in...more
The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Railroad Administration (FRA) (the Agencies) recently issued updated guidance for implementing 23 U.S.C. § 139 (Section 139)....more
Coming up on a month since the presidential election, some things are starting to become clearer, though many questions remain. We will release a Viewpoints article in the next week that will be a more in-depth assessment of...more
On October 31, 2024, Region 1 of the United States Environmental Protection Agency (“EPA”), which covers the New England states, proposed sweeping new requirements to regulate stormwater discharges from certain commercial,...more
On September 6, 2024, Massachusetts Governor Maura Healy signed “An Act to Improve Quality and Oversight of Long-term Care” into law. This law includes sweeping changes for both long-term care and assisted living facilities....more
Key Takeaways - What Is Happening? On October 31, 2024, the U.S. Environmental Protection Agency (EPA) Region 1 provided notice of two proposed actions pursuant to its “residual designation authority” (RDA) under the Clean...more
On October 15, 2024, the Federal Communications Commission (FCC) issued a Notice of Inquiry (NOI) seeking information about broadband providers' current use of data caps in both the fixed and mobile broadband service markets...more
The Center for Biological Diversity (“CBD”) sent an October 15th 60-day notice of intent to sue to the United States Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”). CBD...more
The Environmental Integrity Project and other organizations filed a September 20th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) Administrator related to Neville...more
Florida’s Third District Court of Appeal recently exercised its discretionary jurisdiction and granted review of an order denying a carrier’s motion to dismiss under Florida’s statute requiring notice of an intent to initiate...more
The Center for Biological Diversity (“CBD”) transmitted a 60-day Notice of Intent To Sue (“NOI”) the U.S. Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”).The alleged...more
Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute. In Buis v....more
Welcome back to the buzz, our monthly cannabis news and policy update. Your at-a-glance source for regulatory developments, agency announcements, and trends impacting the cannabis industry. This month's highlights include:...more
The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more
The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more
A letter of intent (LOI), expression of interest (EOI) or term sheet is typically the first substantive document in the life of a transaction (noting that, oftentimes, parties will sign a nondisclosure agreement prior to...more
S.C. Department of Revenue (“SCDOR”) Information Letter #24-6 addresses recent amendments to the South Carolina Abandoned Buildings Revitalization Act (the “Act”). The Act was enacted in 2013 to incentivize the...more
In Michigan, a claimant must provide each allegedly negligent healthcare professional or facility with advance notice of the suit before commencing a medical malpractice action. The “notice of intent” must describe what...more
Earthjustice sent a June 11th 60-day Endangered Species Act (“ESA”) citizen suit Notice of Intent to Sue (“NOI”) to the Tonto National Forest (“Forest”). The NOI alleges that Forest violated Section 7 of the ESA in its...more
On May 17, 2024, Public Employees for Environmental Responsibility (PEER) and Center for Environmental Health (CEH) gave notice of intent to sue under section 20(a)(2) of the Toxic Substances Control Act (TSCA). This notice...more
The Public Employees for Environmental Responsibility (“PEER”) sent a May 17th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to File Suit to Compel Performance of a...more
The Center for Biological Diversity (“CBD”) transmitted a May 8th Clean Air Act Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) over an alleged failure to: …issue or deny the...more
The Environmental Integrity Project (“EIP”) sent a May 2nd Clean Water Act Notice of Intent (“NOI”) to sue to the Environmental Protection Agency (“EPA”) for alleged violation of a nondiscretionary duty under that statute....more
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Tripp Property Clearing (“TPC”) entered into a January 30th Consent Administrative Order (“CAO”) addressing alleged violations of...more