US EPA Approves ASTM Standard E1527-21By William J. AnayaEnvironmental and Natural Resources Law, March 2023The United States Environmental Protection Agency recently amended 40 C.F.R Part 312 and formally approved the recently revised ASTM Standard E-1527-21 as satisfying the “all appropriate inquiry” requirement for Phase I Environmental Site Assessments.
U.S. Supreme Court Issues Ruling on the Clean Water Act as to WetlandsBy Craig R. HedinCorporate Law Departments, November 2023On May 25, 2023, the United States Supreme Court issued a decision as to the jurisdiction of the U. S. Environmental Protection Agency on the Clean Water Act insofar as it pertains to the regulation of wetlands in Sackett v. EPA.
U.S. Supreme Court Issues Ruling on the Clean Water Act as to WetlandsBy Craig R. HedinEnvironmental and Natural Resources Law, October 2023On May 25, 2023, the United States Supreme Court issued a decision as to the jurisdiction of the U. S. Environmental Protection Agency on the Clean Water Act insofar as it pertains to the regulation of wetlands in Sackett v. EPA.
U.S. Supreme Court Upholds California’s Proposition 12 Preserving Landmark Protections for Pigs, Chickens, and CalvesBy Lisa VelezAnimal Law, June 2023The Supreme Court's decision in NPCC v. Ross upholds California's Proposition 12, a farm animal protection ballot measure that voters passed into law in 2018. Proposition 12 requires that calves raised for veal, mother pigs, and egg-laying hens be housed in systems that comply with specific standards for freedom of movement, cage-free design, and specified minimum floor space, including that they be provided at least enough space to stand up, turn around and extend their extremities.
USDA Animal RulesBy Angela PetersAnimal Law, September 2023An overview of recent and proposed changes to USDA rules regarding animals, why they are necessary, and how they change the previous standards.
The Use of Artificial Intelligence in Commercial LitigationBy Judge Michael ChmielCommercial Banking, Collections, and Bankruptcy, April 2023The use of artificial intelligence in the legal industry has been on the rise in recent years and has been particularly useful in commercial litigation.
The Use of Capitalization Rates in the Income Approach to ValueBy Donald T. RubinState and Local Taxation, November 2023Numerous variables have to be considered when establishing an appropriate capitalization rate to be applied to a net income stream for the purpose of deriving a market value for a property by way of the “income approach” to value.
Use of Emotional Distress InstructionBy Nicholas T. MotherwayTort Law, April 2023In at least the past 20 years it is established that emotional distress is a proper element of damages in all personal torts and no expert evidence is needed to prove emotional distress.
USEPA Proposes Further Rules to Limit Methane EmissionsBy Craig R. HedinEnvironmental and Natural Resources Law, January 2023The U.S. Environmental Protection Agency has issued proposed supplemental rules to update, strengthen, and expand its November 2021 proposals with respect to methane emissions from new and existing sources in the oil and gas industry.
The Value of a Narrative Response in Family Law CasesBy Judge James A. Shapiro & Adam R. HeusinkveldBench and Bar, December 2023In domestic relations matters, many practitioners follow practice conventions that defy statutory rules governing pleading in civil matters and forgo the opportunity to educate the court by providing written argument and citation to case law in support of legal positions—most often, this occurs in the context of responding to motions.