News & Analysis as of

Notice of Intent Appeals

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Livingston Stone...

The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 3(c)(2)(B) Federal Insecticide, Fungicide, and Rodenticide Act Notice of Intent to Suspend DCPA Technical Registration:...

Several organizations filed a July 21st Notice of Exceptions and Appeal Brief (“Notice”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressing: Federal...more

Hendershot Cowart P.C.

How to Contest an OSHA Citation – Be Aware of Deadlines, or Forfeit Your Right to Contest

Hendershot Cowart P.C. on

You have the right to contest an OSHA citation, but only if you meet the deadlines. The OSHA Employer Rights & Responsibilities handbook states, “a written Notice of Intent to Contest must be filed with the OSHA area director...more

Perkins Coie

CEQA Existing Facilities Exemption Inapplicable to Unlined Landfills and Exhaustion of Administrative Remedies not Required Where...

Perkins Coie on

A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills...more

Lewitt Hackman

Franchisee 101: No Excuse for Late Notice

Lewitt Hackman on

The U.S. Court of Appeals for the Fifth Circuit reversed a trial court judgment against a Texas franchisor, finding the lower court erred in excusing an untimely renewal notice of area development agreements. The Court held a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Risk Evaluation/Toxic Substances Control Act: American Public Health Association Notice of Intent to Sue EPA Addressing Legacy...

The American Public Health Association and several other organizations and individuals (collectively “APHA”) sent a January 26th document to the United States Environmental Protection Agency (“EPA”) titled: Notice of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Related to DeKalb County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) addressing alleged Clean Water Act stormwater permitting violations by Sequatchie County Scrap...more

McDonnell Boehnen Hulbert & Berghoff LLP

Genentech, Inc. v. Immunex Rhode Island Corp. (Fed. Cir. 2020)

In a procedurally unusual decision (but one unsurprising in all other respects), the Federal Circuit on Monday affirmed a district court's denial of a temporary restraining order to keep off the market Amgen's biosimilar...more

King & Spalding

CMS to Repay Hospitals for 2019 Off-Campus Clinic Visit Services

King & Spalding on

CMS and its contractors have announced that beginning January 1, 2020, the agency will repay hospitals for underpaid evaluation and management (E/M) services provided in excepted off-campus provider-based departments during...more

Mintz - Trademark & Copyright Viewpoints

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

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