Alerts From the Stoel Rives Web Site http://www.stoel.com/alerts.aspx en-us Copyright 2013, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 5/21/2013 7:53:38 AM http://www.stoel.com/showalert.aspx?Show=10350 On April 26, 2013, the U.S. Fish and Wildlife Service (FWS) released its final Eagle Conservation Plan Guidance (ECP Guidance) (available here). The ECP Guidance is intended to promote compliance with the Migratory Bird Treaty Act (MBTA) and the Bald ... Mon, 29 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10343 On April 16, 2013, the National Ocean Council, consisting of representatives from 27 federal agencies and departments, published its long-awaited plan for implementing President Obama's National Ocean Policy.[1] The new National Ocean Policy Implementation ... Wed, 24 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10317 The IRS today issued much anticipated guidance regarding the new "beginning of construction" requirement for qualifying for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (the Code) and the investment tax credit (ITC) under ... Mon, 15 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2377 This update is a publication of Stoel Rives LLP for the benefit and information of our clients and friends. This update is not legal advice or a legal opinion on specific facts or circumstances. The contents are intended for informational purposes only. ... Wed, 10 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10284 The IRS has issued welcome transition relief that extends through July 1, 2013 the deadline for filing claims for payments for biodiesel mixtures and alternative fuels sold or used in 2012. A number of fuel tax credits, including the cellulosic biodiesel ... Thu, 04 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10254 The April 10, 2013 deadline for reporting emissions under California's regulations for the Mandatory Reporting of greenhouse gases (the "MRR") is rapidly approaching. This is the second year that transportation fuel suppliers operating in California ... Mon, 25 Mar 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10221 On Wednesday, March 13, the Portland City Council unanimously passed an ordinance that will require employers provide sick time to employees. This ordnance will require private employers to provide 40 hours of sick leave per year. For employers with ... Fri, 15 Mar 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10188 The U.S. Department of the Treasury yesterday issued a message regarding the impact of sequestration on the Section 1603 Grant. In the message, the Treasury Department announced that awards of Section 1603 Grants made on or after March 1, 2013 and before ... Tue, 05 Mar 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10173 Senator Darrell Steinberg (D-Sacramento) introduced Senate Bill 731 (SB 731) on Friday, February 22, outlining relatively modest changes to the California Environmental Quality Act (CEQA) on the last day to introduce new bills. Although sweeping CEQA ... Mon, 25 Feb 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10145 Last week, the South Coast Air Quality Management District held its second stakeholder workshop on its proposed Rule 1304.1. Comments on that rule are now due February 19, 2013. If adopted, Rule 1304.1 would impose substantial new fees on the replacement ... Mon, 11 Feb 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10072 CFIUS Issues 2012 Annual Report to Congress: Finds Coordinated Foreign Strategy to Acquire Critical U.S. Technologies Foreign acquisitions of U.S. businesses are subject to review by the Committee on Foreign Investment in the United States (CFIUS) ... Fri, 18 Jan 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10076 Yesterday, final regulations modifying the HIPAA privacy and security regulations were issued by the Department of Health and Human Services (HHS). The regulations are scheduled to be published in the Federal Register on January 25. Among other things, ... Fri, 18 Jan 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10031 The Interstate Land Sales Full Disclosure Act ("ILSA") is a federal statute that applies to sales and leases of residential and commercial lots in all fifty states. Unless a project is exempt from ILSA, the developer must register the project with the ... Wed, 16 Jan 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10049 The National Marine Fisheries Service ("NMFS") announced today that it is proposing to designate critical habitat for Lower Columbia River ("LCR") Coho salmon and Puget Sound steelhead. The specific areas proposed for the Coho designation include approximately ... Mon, 14 Jan 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10018 Congress yesterday passed the American Taxpayer Relief Act of 2012 (the Act), which averted the so-called "fiscal cliff." The President is expected to sign the Act shortly. The Act includes a number of energy-related tax provisions, including a one-year ... Wed, 02 Jan 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9978 The Fresno County Superior Court issued an order denying the California Farm Bureau Federation's challenge to Fresno County's cancellation of a Williamson Act contract, which the County cancelled to allow construction of a solar generation project. Finding ... Wed, 19 Dec 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9969 The IRS has revoked a taxpayer-favorable private letter ruling issued earlier this year in which the IRS concluded that no portion of the purchase price of certain wind facilities was required to be allocated to existing power purchase agreements (PPAs) ... Wed, 12 Dec 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9966 The IRS last week issued final regulations and additional guidance regarding the medical device excise tax, which applies to sales of taxable medical devices after December 31, 2012. The excise is imposed on the manufacturer, producer, or importer of ... Mon, 10 Dec 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9963 During the past several years, the Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") have pursued an increasing number of enforcement actions against businesses and individuals under the U.S. Foreign Corrupt Practices Act ... Fri, 07 Dec 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9934 On November 14, 2012, the Federal Energy Regulatory Commission (FERC) suspended J.P. Morgan Ventures Energy Corp.'s (JP Morgan) rights to sell energy, capacity, and ancillary services at market-based rates for a period of six months starting ... Fri, 16 Nov 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9871 When the Internet Corporation for Assigned Names and Numbers (ICANN) released the list of applications for new generic top-level domains (gTLDs) on June 13, 2012, the clock started ticking. Now, brand owners have just over two months left until the ... Tue, 30 Oct 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9864 On October 9, 2012, the U.K. Serious Fraud Office ("SFO") issued revised policies (available here) regarding several key aspects of its enforcement of the U.K. Bribery Act of 2010 ("Bribery Act"). The Bribery Act, like the U.S. Foreign Corrupt Practices ... Wed, 24 Oct 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9862 We are pleased to report that the California Third District Court of Appeal recently granted our request to publish its decision in a California Environmental Quality Act (CEQA) case. Mount Shasta Bioregional Ecology Ctr. v. Cnty. of Siskiyou, No. C064930, ... Tue, 23 Oct 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9854 Executive Summary On December 31, 2012, the deadline will expire for correction of document failures under section 409A of the Internal Revenue Code ("Code") in agreements and plans that require employees (or independent contractors) to execute a release ... Fri, 19 Oct 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9831 On October 1, 2012, the Public Service Commission of Utah approved Rocky Mountain Power's Solar Incentive Program, which will support 60 MW of new distributed solar PV resources in Utah over the next five years (2013-2017). The program will provide ... Wed, 03 Oct 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9814 Recently, the Office of Management and Budget ("OMB") submitted a report to Congress indicating that, absent Congressional intervention, the amount of the grant pursuant to Section 1603 of the American Recovery and Reinvestment Act of 2009 (the "Section ... Tue, 25 Sep 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9813 On September 12 a U.S. wind project development company, Ralls Corporation ("Ralls"), owned by two Chinese nationals, filed suit against the Committee on Foreign Investment in the United States ("CFIUS"), an inter-agency U.S. government body charged ... Mon, 24 Sep 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9809 On August 24, 2012, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the "Services") issued a proposed rule that would modify when and how the Services analyze economic impacts in critical habitat designations ... Thu, 20 Sep 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9805 United States importers and purchasers of crystalline silicon photovoltaic cells and modules ("solar cells") now face increased prices when sourcing their supplies from China. A recent order issued by the Department of Commerce's International Trade ... Wed, 19 Sep 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9777 The Stoel Rives 2011 Patent Reports for Idaho, Oregon, Utah and Washington are now available for download. The reports include the number of patents awarded to inventors and assigned to companies in each state during 2011. Stoel Rives Patent Attorneys ... Wed, 05 Sep 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9754 The California Department of Toxic Substances (DTSC) released another draft of its proposed Safer Consumer Products regulations on July 27, 2012. It is the eighth draft issued in the past four years; the most recent was issued on June 23, 2012. DTSC ... Mon, 27 Aug 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9733 Minnesota farmers caught a break when the Minnesota Supreme Court refused to recognize a claim for trespass by particulate matter on August 1, 2012. The Court also interpreted National Organic Program regulations regarding application of prohibited substances ... Wed, 15 Aug 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9722 Federal OSHA made significant changes to its Hazard Communication Standard (HCS) on March 26, 2012. The compliance deadlines set forth in the new federal requirements range from December 1, 2013 to June 1, 2016, depending on the requirement at issue. ... Tue, 07 Aug 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9718 On July 30, 2012, President Obama signed the HEARTH Act of 2012, Public Law No. 112-151, amending the Indian Long Term Leasing Act, 25 U.S.C. § 415. The HEARTH Act authorizes Indian tribes to lease tribal land for business and other purposes ... Fri, 03 Aug 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9712 After nearly two decades of planning and negotiations, the California high-speed rail ("HSR"), the nation's first dedicated high-speed rail line, is now a reality. In a vote of 21-16, the California State Senate approved Senate Bill 1029 to fund the ... Tue, 31 Jul 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9705 The Alaska Supreme Court recently expanded the concept of "privileged communication." Under federal and state law, certain types of communications are considered privileged and cannot be disclosed or used in a judicial or other proceeding absent a waiver. ... Fri, 27 Jul 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9674 TASER International, Inc. ("TASER"), the maker of stun guns widely used by law enforcement, recently had a judgment in its favor upheld by the Ninth Circuit Court of Appeals in a products liability failure to warn suit. The case stemmed from the death ... Tue, 17 Jul 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9617 Earlier this week, the Federal Energy Regulatory Commission (the "Commission") confirmed that the deadline for interconnection customers to comply with the new Midwest Independent System Operator ("MISO") generator interconnection queue procedures was ... Fri, 29 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9613 This morning, the United States Supreme Court largely upheld the Patient Protection and Affordable Care Act ("PPACA"), including the individual mandate. Under the Court's ruling, PPACA requirements for employers and individuals that are currently in ... Thu, 28 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9610 In a decision released this morning, the DC Circuit upheld EPA's approach to regulating greenhouse gases under the major new source review for the prevention of significant deterioration program ("PSD"), the Title V program and the vehicle emission standards ... Tue, 26 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9594 In Christopher v. SmithKline Beecham, a 5-4 decision announced yesterday afternoon, the U.S. Supreme Court ruled that pharmaceutical sales representatives are exempt from the overtime requirements of the federal Fair Labor Standards Act ("FLSA"). The ... Tue, 19 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9589 Continuing its campaign to educate employees about their rights, the National Labor Relations Board (NLRB) today launched a public webpage that explains the rights of employees (union or non-union) to engage in concerted activity under the National Labor ... Mon, 18 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9578 The Federal Energy Regulatory Commission's (FERC) regulations provide that, for purposes of calculating a qualifying facility's net capacity, generating facilities are considered together as a single qualifying facility if they are located within one ... Thu, 14 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9556 On May 30, 2012, the window to submit applications for new generic top-level domains (gTLDs) closed, with more than 1,900 applications received. Now attention shifts to June 13, 2012, "Reveal Day," when the Internet Corporation for Assigned Names and ... Wed, 06 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9552 The Portland Revenue Bureau recently announced a one-time amnesty program, from May 15 through July 16, 2012, for certain taxpayers who have failed to file returns pursuant to the Portland Business License Tax and Multnomah County Business Income Tax ... Mon, 04 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9515 The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) recently announced the latest proposed settlement in EPA's Clean Air Act (CAA) enforcement initiative against petroleum refiners. Hess Corporation will pay an $850,000 ... Mon, 14 May 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9482 On April 23, 2012, the U.S. Court of Appeals for the Ninth Circuit granted the California Air Resources Board's ("CARB") motion to stay the injunction that has prevented CARB from enforcing California's low carbon fuel standard (the "LCFS") since last ... Mon, 30 Apr 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9446 On Friday, April 20, 2012, the EEOC issued a landmark ruling that intentional discrimination against a transgender individual is discrimination "based on … sex" and thus violates Title VII. Prior to this ruling, the EEOC generally declined to pursue ... Tue, 24 Apr 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9327 On Friday, March 30, 2012, the Federal Energy Regulatory Commission (the "Commission") conditionally approved a proposal from the Midwest Independent System Operator ("MISO") to change its generator interconnection queue procedures to address backlogs ... Tue, 03 Apr 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9320 On March 28, 2012, the California Energy Commission ("CEC") voted unanimously to suspend the Renewable Portfolio Standard ("RPS") eligibility guidelines for certification of power plants generating electricity using biomethane. The suspension stems from ... Fri, 30 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9312 On March 23, 2012, the U.S. Fish and Wildlife Service (USFWS) released its highly anticipated final Land-Based Wind Energy Guidelines. The Guidelines present a tiered approach for the consideration and analysis of potential impacts to wildlife and habitat ... Thu, 29 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9270 On February 24, 2012, the U.S. Army Engineering & Support Center issued a draft request for proposals for renewable and alternative energy (the "Draft RFP"). Since posting our initial blog and Energy Law Alert, we have received a number of inquiries ... Wed, 14 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9259 Washington's state legislature recently approved two bills intended to improve the state's Renewable Portfolio Standard (RPS). Governor Christine Gregoire signed one bill yesterday (ESSB 5575), and the second (SSB 6414) is awaiting her signature, which ... Thu, 08 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9252 In a much anticipated Federal Register Notice, the U.S. Army Corps of Engineers ("Corps") on February 21, 2012 announced the reissuance of its Nationwide Permit ("NWP") Program. 77 Fed. Reg. 10,184 (Feb. 21, 2012). NWPs provide streamlined authorization ... Mon, 05 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9245 On February 24, 2012, the U.S. Army Engineering and Support Center in Huntsville, Alabama issued a draft request for proposals (Solicitation No. W912DY-11-R-0036, the "Draft RFP") titled "Large Scale Renewable Energy Production for Federal Installations." ... Wed, 29 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9246 The Oregon Supreme Court on Friday, February 24, 2012 decided that Providence Health System-Oregon ("Providence") could not be held liable to patients for negligence or violation of the Unlawful Trade Practices Act ("UTPA") after computer disks and tapes ... Wed, 29 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9247 A version of this alert was published as "Tort Wars: The California Legislature Strikes Back" by Law360, March 7, 2012. 1. Background On February 24, 2012, California Senate President Pro Tem Darrell Steinberg introduced Senate Bill 1528 ("SB 1528"). ... Wed, 29 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9244 The Washington legislature has been busy. You have probably heard about Washington's new same-sex marriage act, but you should also take note of the new Washington trust act, especially if you created a trust, are serving as trustee or who have a beneficial ... Tue, 28 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9238 On February 22, 2012, the U.S. Supreme Court vacated and remanded Douglas v. Independent Living Center of Southern California to the Ninth Circuit for further review. In Douglas, providers and Medicaid recipients brought suit directly under the Supremacy ... Mon, 27 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9233 The Department of Health and Human Services, Office of the Inspector General ("OIG") recently issued a broad warning that physicians who reassign their right to bill Medicare and receive Medicare payments may be liable for false claims submitted by the ... Thu, 23 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9222 The IRS recently issued proposed regulations regarding the newly enacted excise tax on sales of medical devices. Effective January 1, 2013, the sale of a taxable medical device by the manufacturer, producer, or importer of the device will be subject ... Fri, 17 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9194 A version of this alert was published as "EPA's Absolute Commitment to Renewable Fuel Standards" by Law360, March 2, 2012. On February 2, 2012, the Environmental Protection Agency ("EPA") issued a Notice of Violation ("NOV") of the Renewable Fuel Standard ... Fri, 03 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9187 An appeal in the case Fountaincourt Homeowners' Association v. Fountaincourt Development, LLC, et al. is currently being briefed in the Oregon Court of Appeals. The case involves a condominium owner's association which prevailed on its construction defect ... Thu, 02 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9188 On January 31, 2012, the Federal Energy Regulatory Commission (FERC) conditionally accepted additional reforms to the California ISO's Generator Interconnection Procedures (GIP) that significantly change the rules that apply to developers seeking to ... Wed, 01 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9177 In a recent opinion, the United States District Court for the District of North Dakota dismissed misdemeanor criminal charges against three oil and gas companies for violation of the Migratory Bird Treaty Act ("MBTA") arising out of the incidental death ... Mon, 30 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9131 Following the success of the 2009 offshore voluntary disclosure program that ended on October 15, 2009 and of the 2011 offshore voluntary disclosure initiative that ended on September 9, 2011, the IRS has announced a third offshore voluntary disclosure ... Tue, 10 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9127 On December 29, 2011, Federal District Court Judge Lawrence J. O'Neill, Eastern District of California, Fresno Division, found that the California low carbon fuel standard (LCFS) violates the dormant commerce clause because it discriminates against out-of-state ... Mon, 09 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9130 In DR Horton, a decision issued on January 3, and applicable to most private sector employers, whether unionized or not, the NLRB held that federal labor law prevents you from requiring your employees to agree to broad waivers that would deny their right ... Mon, 09 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9095 In a decision reflecting perhaps the worst-case scenario for the redevelopment community, the California Supreme Court largely upheld Assembly Bill X1 26, which requires the dissolution of redevelopment agencies across the State, but invalidated Assembly ... Thu, 29 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9039 Introduction Recently, the U.S. Food and Drug Administration ("FDA") for the first time issued warning letters to marketers of gastric weight loss band devices in California. The FDA is concerned that the companies' ads violate federal regulations ... Wed, 21 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8971 A version of this alert was published as "Labels Matter in Calif. 'All Natural' Claims" by Law360, January 24, 2012. Background "All Natural" class action litigation in California has persisted and will continue in 2012. In the last two years, a number ... Tue, 20 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9000 On December 15, 2011, the California Public Utilities Commission adopted Decision 11-12-052, implementing Portfolio Content Categories for the 33% Renewables Portfolio Standard (RPS) Program in California. The Decision implements portions of Senate Bill ... Mon, 19 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8715 At the end of 2010, federal tax law changed to raise the federal estate, gift and generation skipping transfer tax exemptions to $5 million per person for 2011 and $5.12 million for 2012. (The state estate tax exemptions vary as each state sets its own ... Mon, 12 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8925 Using its authority under Section 211A of the Federal Power Act ("FPA"), the Federal Energy Regulatory Commission ("FERC" or the "Commission") issued an order Wednesday holding that the Bonneville Power Administration's ("BPA") Environmental Redispatch ... Fri, 09 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8929 To qualify for a grant in lieu of tax credits for specified energy property under section 1603 of Division B of the American Recovery and Reinvestment Act of 2009 ("section 1603"), qualifying property must be placed in service in 2009, 2010, or 2011, ... Fri, 09 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8898 Under the California Transparency in Supply Chains Act, beginning January 1, 2012, large retailers and manufacturers that do business in California must disclose information on their websites about what they do to eradicate slavery and human trafficking ... Tue, 29 Nov 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8904 The Bureau of Indian Affairs (BIA) on November 29, 2011 published proposed regulations for leasing tribal and individual Indian trust land for business and residential uses. The comment period runs through January 30, 2012. It will take the BIA some ... Tue, 29 Nov 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8827 On June 1, 2012 private retailers in Washington State can begin selling liquor to the public after residents on Tuesday voted overwhelmingly in favor of Initiative Measure No. 1183 (I-1183). I-1183 does away with the state-owned liquor stores that represent ... Thu, 10 Nov 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8814 The Environmental Protection Agency (EPA) is exercising its authority and enforcing the requirements of the Clean Air Act's renewable fuel standard (RFS) program. The EPA issued twenty-four notices of violation on November 7, 2011, to petroleum refiners, ... Wed, 09 Nov 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8801 On November 3, 2011, the proposed Avenal Energy Project, a 600-megawatt natural gas-fired power plant proposed in the city of Avenal near Kettleman City in Kings County, California, encountered another legal challenge to providing electricity to the ... Tue, 08 Nov 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8734 Earlier this month, members of the Stoel Rives Patent Law and Patent Litigation Teams played leadership roles in hosting the United States Court of Appeals for the Federal Circuit as the court visited Oregon as its 2011 destination to sit outside of ... Mon, 31 Oct 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8724 The Washington Court of Appeals recently issued a decision in Getty Images v. City of Seattle, Docket No. 65113-7 (Sept. 12, 2011). This decision is a classic case of bad facts leading to bad law, with potentially wide-ranging effects. The facts found ... Thu, 27 Oct 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8725 Beginning September 1, 2012, the City of Seattle will require that all but the smallest employers provide paid sick leave to their Seattle employees. Sick leave mandates under the new law increase depending on the size of a company's workforce, and employees ... Thu, 27 Oct 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8710 By Sara Leverette The U.S. Fish and Wildlife Service ("Service") recently issued a handful of decisions under the Endangered Species Act ("ESA") that are relevant to the Pacific Northwest and Northern California. These decisions, among others, are ... Tue, 25 Oct 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8630 A new decision by the Ninth Circuit Court of Appeals highlights the risks brand owners face when adopting a new trademark that also happens to correspond to an Internet domain name already registered to someone else. In GoPets Ltd. v. Hise, No. 08-56110, ... Wed, 28 Sep 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8488 (Updated October 5, 2011: The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers. The new effective date of the ... Wed, 07 Sep 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8374 In light of the potential impact of Hurricane Irene, the IRS has extended to September 9, 2011 the deadline to participate in the 2011 Offshore Voluntary Disclosure Initiative. The initiative primarily concerns the TD F 90-22.1, commonly referred ... Mon, 29 Aug 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8348 August 31, 2011 is the deadline for participating in the 2011 Offshore Voluntary Disclosure Initiative. The initiative primarily concerns the TD F 90-22.1, commonly referred to as an "FBAR." The FBAR is used to report a financial interest in, or signature ... Mon, 22 Aug 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8307 Senate Bill 961 has been signed by the governor and is now law. The new law provides that: any provision in a construction agreement is void to the extent that the provision requires a party or the party's surety or insurer to waive a right of subrogation, ... Mon, 08 Aug 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8306 Nearly five years after issuing its draft directives, on August 4, 2011, the U.S. Forest Service ("Forest Service") issued final directives for wind energy special use authorizations. See 76 Fed Reg 47,354 (Aug. 4, 2011). The new directives supplement ... Fri, 05 Aug 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8237 During the 2011 legislative session, the Oregon legislature passed three bills that will affect Oregon tax incentives, particularly for renewable energy projects. Of the three bills passed, the Governor has signed one; the other two are widely anticipated ... Mon, 25 Jul 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8159 The U.S. Environmental Protection Agency ("EPA") has released a series of proposed rules relating to the Renewable Fuel Standard ("RFS"). Originally enacted by Congress in the Energy Policy Act of 2005 and expanded by the Energy Independence Act of 2007, ... Tue, 28 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8151 On Tuesday, June 28, 2011, the CPUC will hold an "Electric Energy Storage Workshop" as part of its R10-12-007 proceeding for AB 2514, which defines the process by which the CPUC will consider electric energy storage (EES) standards for California's investor ... Mon, 27 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8152 Companies facing litigation and regulatory or enforcement proceedings today must bear not only the enormous burdens of electronic discovery, but also the risk of increasingly expensive penalties for failing to preserve email and business records from ... Mon, 27 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8153 Stoel Rives is pleased to announce the publication of a case study chronicling the development a hypothetical 200 MW wind project in southern California. The study covers the legal framework for a project of this scale, including real estate, permitting, ... Mon, 27 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8143 On June 20, 2011, in Wal-Mart Stores, Inc. v. Dukes, the U.S. Supreme Court in a 5-4 ruling rejected class certification for a putative class of approximately 1.5 million women alleging that Wal-Mart discriminated against them in pay and promotions based ... Thu, 23 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8136 Yesterday the Oregon Legislature sent SB 766 to Governor Kitzhaber. With his signature expected in the near future, Oregon will soon have two new expedited review processes for permitting industrial projects of state and regional significance. Industrial ... Fri, 17 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8120 On April 13, 2011, the Portland City Council unanimously approved the Citywide Tree Policy and Regulatory Improvement Project. The new requirements, the first of which will take effect July 1, 2011, represent a comprehensive overhaul of the City's tree ... Wed, 15 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8070 In a victory for employers, the Washington Supreme Court ruled in Roe v. Teletech Customer Care Management that Washington's Medical Use of Marijuana Act ("MUMA") does not protect medical marijuana users from adverse hiring or disciplinary decisions ... Fri, 10 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8008 On May 26, 2011, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration Fisheries Service (the "Services") launched a joint effort to identify and implement administrative changes to regulations promulgated under the ... Wed, 01 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7967 REGULATORY UPDATES BELOW: FERC Clarifies Qualifying Facility Restrictions in Sale/Resale Transactions SunZia Transmission Obtains Approval of Ownership Structure, Anchor Tenant Proposal Midwest ISO Releases Group 5 Re-Study System Impact Study A ... Mon, 23 May 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7942 Today, the National Marine Fisheries Service (NMFS) published a proposed rule to designate steelhead being reintroduced above Round Butte Dam in Oregon's Deschutes River Basin as a nonessential experimental population pursuant to Section 10(j) of the ... Wed, 18 May 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7920 After several delays, the U.K. Bribery Act of 2010 is finally set to go into effect on July 1, 2011—about three months behind schedule. (See here for our previous update describing the Act.) Despite recent final guidance from the Ministry of Justice ... Wed, 11 May 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7941 After two down years, the patent activity in Oregon bounced back in 2010. This bounce back is attributed to ongoing technological innovation in the state, companies' greater efforts to patent business innovations, the U.S. Patent and Trademark Office's ... Wed, 04 May 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7884 On May 2, 2011, the Financial Fraud Enforcement Task Force's Oil and Gas Price Fraud Working Group (the "Working Group") began its work "monitor[ing] oil and gas markets for potential violations of criminal or civil laws to safeguard against unlawful ... Tue, 03 May 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7871 On Friday, the Alaska Supreme Court decided Henrichs v. Chugach Alaska Corp., No. S-13094 (Apr. 22, 2011), in which it confirmed the vitality of the common law business judgment rule in Alaska. This case arose from a 2004 dispute between two factions ... Wed, 27 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7848 The U.S. Department of the Treasury has issued revised guidance, including additional frequently asked questions (FAQs), concerning the Section 1603 grant in lieu of tax credits. The guidance confirms and clarifies several significant issues for anaerobic ... Fri, 15 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7843 California's Governor Jerry Brown signed Senate Bill ("SB") X1-2 on Tuesday requiring California's electric utilities to procure 33% of their energy from renewable resources by 2020. Upon signing the bill, Governor Brown stated the "bill will bring many ... Wed, 13 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7834 SB 766's proposed fast tracking of certain industrial developments includes provisions limiting the role of local government in approving the projects and bypassing the Land Use Board of Appeals (LUBA). As the state and its subregions focus on economic ... Wed, 06 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7832 On February 16, 2011, the U.S. Army Corps of Engineers ("Corps") published in the Federal Register its proposal to reissue 48 of its existing nationwide permits ("NWPs") and issue two new NWPs. 76 Fed Reg 9,174 (Feb. 16, 2011). The Corps is soliciting ... Tue, 05 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7817 The IRS earlier this week issued Rev. Proc. 2011-26, which provides helpful guidance regarding 100 percent bonus depreciation as enacted by the 2010 Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act. To qualify for 100 percent ... Fri, 01 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7813 The Oregon Department of Fish and Wildlife ("ODFW") is on the verge of adopting rules and a conservation strategy to protect the habitat of the greater sage-grouse (a federal candidate species under the Endangered Species Act ("ESA")). The proposal could ... Thu, 31 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7816 The California High-Speed Rail Authority ("Authority") voted unanimously yesterday to approve submission of an additional funding application to the Federal Railroad Administration ("FRA") that would, if approved, extend the "starter" segment of the ... Thu, 31 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7805 The California Legislature has passed Senate Bill ("SB") X1-2, which requires California's electric utilities to increase their renewable generation to 33% by 2020. Passage of the legislation is the culmination of years of effort to increase California's ... Tue, 29 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7801 On February 11, 2011, California Public Utilities Commission (CPUC) Administrative Law Judge Burton Mattson issued a Proposed Decision (PD) conditionally accepting the 2011 Renewables Portfolio Standard (RPS) Procurement Plans for Southern California ... Mon, 28 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7789 San Francisco Superior Court has issued a final decision in Association of Irritated Residents v. California Air Resources Board. For the moment, the California Air Resources Board (CARB) is enjoined from further rulemaking to implement the California ... Wed, 23 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7778 The Federal Energy Regulatory Commission ("FERC") is seeking comments from energy industry participants on regulatory reforms that address how FERC should regulate merchant transmission development and generator interconnection (or lead) lines. Specifically, ... Mon, 21 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7745 Recently, the IRS and the Financial Crimes Enforcement Network of the United States Treasury (FinCEN) each took steps to ease the FBAR reporting obligations of United States persons, including: Creating a new voluntary disclosure initiative that ... Fri, 11 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7737 Employers and the courts continue to wrestle with issues involving "zero tolerance" drug testing policies and whether employers must accommodate medical marijuana use by their employees. Marijuana use is illegal under the federal Controlled Substances ... Thu, 10 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7742 On Wednesday, March 9, the California Public Utilities Commission ("CPUC") held a workshop on its implementation of California's recent energy storage bill, Assembly Bill (AB) 2514, signed by Governor Schwarzenegger on September 29, 2010. AB 2514 requires ... Thu, 10 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7727 On March 1, 2011, the Supreme Court issued its opinion in Staub v. Proctor Hospital, upholding the "cat's paw" theory of employer liability, under which employers are liable for discrimination where lower-level supervisors with discriminatory motives ... Tue, 08 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7716 Stoel Rives attorneys Keelin Curran and Karin Jones discuss in a Washington Healthcare News article the developing trend of strict no-smoking policies in the workplace, including no-nicotine hiring practices. Research indicates that smokers impose significant ... Mon, 07 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7720 Effective January 1, 2011, the Oregon legislature has banned the sale into Oregon of any products containing more than one-tenth of one percent of decabrominated diphenyl ether ("DECA"), CAS# 1163-19-5, a commonly used flame retardant chemical. This ... Mon, 07 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7701 Organizations that want to participate in the Accountable Care Organization ("ACO") program beginning in 2012 need to prepare themselves to act quickly to review and interpret the regulations, address any areas of incompatibility in their planned structures ... Thu, 03 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7684 On February 23, 2011, the U.S. Environmental Protection Agency (EPA) released final rules regulating hazardous air pollutant (HAP) emissions from boilers at major sources of HAPs (Boiler MACT) and boilers at minor or area sources of HAPs (Boiler GACT), ... Thu, 24 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7665 The Obama Administration last week released its proposed budget for 2012 , which includes a number of revenue proposals that would have a direct impact on the financing of renewable energy projects. Some of the more significant proposals are described ... Tue, 22 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7657 The City of Milwaukie is currently processing what it has termed a "tune-up" of its zoning code. In some circumstances, however, the proposed changes reflect a major overhaul. Businesses should carefully consider how proposed changes may impact their ... Thu, 17 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7650 FTC Announces Increases to Hart-Scott-Rodino Premerger Notification Thresholds, Effective February 24, 2011 Under the Hart-Scott-Rodino Act (HSR Act), parties to transactions of a certain size must provide advance notice to the U.S. Department of Justice ... Tue, 15 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7458 The U.S. District Court for the Central District of California recently ordered the government to produce to defendants privileged documents it obtained from the defendants' former employer as part of that employer's cooperation with the government's ... Fri, 11 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7457 Long-awaited changes to the regulations governing the 8(a) program will be published on February 11, 2011. The final rule as made available for public inspection on February 10, 2011 is available here. Below is a summary of the significant rule changes. ... Thu, 10 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7450 In Gunderson v. City of Portland, LUBA Nos. 2010-39, -40 and -41 (Jan. 21, 2011) (slip op), Oregon's Land Use Board of Appeals ("LUBA") remanded the City of Portland's North Reach River Plan ("NRRP") for further work by the City relative to Statewide ... Wed, 09 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7421 On January 31, 2011, the British government confirmed that the U.K. Bribery Act—perhaps the most comprehensive anti-bribery statute in the world—will not go into effect on April 1, 2011 as expected. The delay is the result of an additional delay in release ... Wed, 02 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7427 Congress' experiment with establishing federal siting authority for transmission lines suffered another setback after a Ninth Circuit Court of Appeals decision issued yesterday, February 1, 2011, vacated the Department of Energy's ("DOE") 2007 Transmission ... Wed, 02 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7420 Those who have been waiting for the California Supreme Court to rule on what has been touted as the longest-pending undecided case will only be partially mollified by the high court's decision. On January 31, 2011, the Supreme Court decided California ... Tue, 01 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7372 On January 10, 2011, the National Marine Fisheries Service ("NMFS") issued an advanced notice of proposed rulemaking ("ANPR") announcing the agency's plan to prepare critical habitat designation proposals for lower Columbia River ("LCR") coho salmon ... Thu, 20 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7344 On September 27, 2010, a panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision that may have broad implications for certification of class actions under the Fair Credit Reporting Act (the "FCRA"), the Fair and Accurate Credit Transactions ... Thu, 13 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7345 Ten months after initially authorizing the use of tradable renewable energy credits (TRECs), the California Public Utilities Commission (CPUC) today lifted its moratorium on approval of TREC transactions. CPUC Dec. 11-01-025. Today's decision, however, ... Thu, 13 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7331 Unlike other types of energy development on lands administered by the U.S. Bureau of Land Management ("BLM") (e.g., wind, geothermal), solar energy has consistently encountered significant delays caused in large part by a regulatory authorization system ... Fri, 07 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7334 U.S. Department of Interior Secretary Ken Salazar recently issued Secretarial Order 3310 directing the Bureau of Land Management (BLM) to "designate appropriate areas with wilderness characteristics under its jurisdiction as 'Wild Lands' and to manage ... Fri, 07 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7325 President Obama signed into law today the Food Safety Modernization Act (FSMA). Companies with facilities subject to FDA jurisdiction should take immediate steps to review and, where necessary, modify SOPs, policies and procedures. For example, given ... Tue, 04 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7294 Today the House passed and sent to the President for his signature a bill to overhaul the current regulations on food safety, which were established over 70 years ago. At present, the FDA lacks any power to order a recall. Its only legal authority is ... Tue, 21 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7291 (Updated and revised to include deadlines for filing comments) On Friday, December 16, 2010, the California Public Utilities Commission unanimously approved a decision ("Final Decision") ordering a new tariff for a procurement protocol called the Renewable ... Tue, 21 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7292 After a full day of testimony and deliberation on December 16, 2010, the California Air Resources Board (ARB) adopted the state's Cap-and-Trade Program on a 9-to-1 vote. The Program is promulgated under the California Global Warming Solutions Act (A.B. ... Mon, 20 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7289 On November 23, 2010, the Steering Committee in charge of preparing the Bay Delta Conservation Plan ("BDCP") issued a working draft of the plan. The BDCP will serve as a Habitat Conservation Plan under federal law and a Natural Communities Conservation ... Mon, 20 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7290 Homebuyer Protection Act (HB 3689 modifying ORS 87.007 and .091) The legislature has eliminated the option of obtaining a waiver from a buyer of a new home for compliance with the Homebuyer Protection Act ("HPA"), effective January 1, 2011. Now, purchasing ... Mon, 20 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7282 Yesterday, December 16, 2010, the Federal Energy Regulatory Commission (FERC) conditionally approved a proposal by the Midwest Independent Transmission System Operator (MISO) that significantly changes how large transmission upgrades are funded across ... Fri, 17 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7286 Earlier today President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Some of the more noteworthy tax-related provisions are listed below. Business-Related Provisions 100% bonus depreciation ... Fri, 17 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7287 Congress yesterday passed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the Act), which extends several expiring renewable energy and fuel tax incentives and includes some new incentives that could provide significant ... Fri, 17 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7264 On Friday, December 10, 2010, EPA published in the Federal Register its final rule governing the underground injection of carbon dioxide (CO2) for geologic sequestration (GS) under the Safe Drinking Water Act (SDWA). EPA released a pre-publication version ... Mon, 13 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7257 On December 9, 2010, by a 5-0 vote, the California Regional Water Quality Control Board, Central Valley Region ("Board"), issued a new National Pollutant Discharge Elimination System ("NPDES") permit for the Sacramento Regional County Sanitation District ... Fri, 10 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7260 In April 2010, we alerted you to new Stark Law requirements contained in the Patient Protection and Affordable Care Act1 ("the Act") that apply to "group practices"2 that offer advanced imaging services (MRI, CT and PET). On November 29, 2010, the ... Fri, 10 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7254 Earlier this year, the Internal Revenue Service ("IRS") established a correction program for certain problems with nonqualified deferred compensation plan documents under Internal Revenue Code Section 409A. Notice 2010-6 provides ways to correct such ... Wed, 08 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7242 The California High-Speed Rail Authority ("Authority") voted unanimously yesterday to approve allocating $4.33 billion for the construction of the first segment of the High-Speed Rail Project ("HSR"). The winning segment is actually a hybrid of the two ... Fri, 03 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7238 On November 24, 2010, the Oregon Department of Energy ("ODOE") issued final permanent administrative rules (the "Permanent Rules") relating to the Business Energy Tax Credit ("BETC"). For a description of the BETC generally, see our previous alerts on ... Wed, 01 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7239 EPA has completed the roll out of the complex RFS2 program by setting renewable fuel quantity requirements for 2011. EPA severely curtailed the cellulosic biofuels standard from 250 million gallons to six million gallons based on limited industry growth. ... Wed, 01 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7234 The Supreme Court of the United States today granted certiorari in a case that questions the long-standing clear-and-convincing evidentiary standard for invalidating a patent. The case is Microsoft Corp. v. i4i L.P., No. 10-290 (cert. granted Nov. 29, ... Mon, 29 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7227 REGULATORY UPDATES BELOW: FERC issues a Notice of Proposed Rulemaking on Variable Energy Resources. FERC extends the comment deadline in the Milford and Cedar Creek appeals of Transmission Owner and Transmission Operator registration. FERC denies ... Tue, 23 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7220 The Central Valley Is the Early Winner of Stimulus Funds. After nearly two decades of planning and negotiations, the California high-speed rail ("HSR") is rapidly becoming a reality. The California High-Speed Rail Authority ("Authority") is poised ... Mon, 22 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7171 The results are in on the California election, and it's supportive of renewable energy. The two most important developments: Jerry Brown prevailed over Meg Whitman in the gubernatorial race and Proposition 23 failed. The election appears to have been, ... Mon, 08 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7160 OSHA compliance recently became harder and costlier, and may continue to do so, thanks to several developments at the federal and state level. *** You may go to prison if you discipline or terminate an employee who might be worried about an unsafe ... Tue, 02 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7115 The passage of federal healthcare reform in 2010 marks a new era for employer-sponsored health plans. The link below is to an article authored by Howard Bye and Erin Lennon of Stoel Rives LLP that appears in the October edition of the ABA's "The Health ... Mon, 18 Oct 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7103 The Congressional Research Service has published a useful and concise summary of federal programs that provide direct and indirect incentives for biofuels. The report lists almost 20 active programs administered by five agencies including the Department ... Mon, 11 Oct 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7101 Following several years of development, and much anticipation in recent months, the Federal Trade Commission finally released the "Proposed, Revised Green Guides" yesterday. The new Green Guides will be open for public comment until December 10, 2010. ... Thu, 07 Oct 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7088 On September 28, 2010, Lanny A. Breuer, Assistant Attorney General for the U.S. Department of Justice's Criminal Division, testified before the Senate Judiciary Committee, urging Congress to enact legislation to overturn the Supreme Court's decision ... Mon, 04 Oct 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7075 On August 9, 2010, a panel of the U.S. Court of Appeals for the Ninth Circuit joined five of its sister circuits in expressly adopting the "implied false certification" theory of liability under the False Claims Act ("FCA"), providing an additional arrow ... Thu, 30 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7074 Last Thursday evening, the California Air Resources Board (ARB) unanimously adopted its Renewable Energy Standard (RES), mandating that California's electric utilities—both public and investor-owned—procure 33% of their electricity from renewable resources ... Wed, 29 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7062 Today the President signed into law the Small Business Jobs Act of 2010, which extends first-year bonus depreciation deductions to projects placed in service in 2010, including projects placed in service before the legislation was passed. Under the bonus ... Mon, 27 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7064 On August 27, 2010, a panel of the U.S. Court of Appeals for the Second Circuit issued a decision that could have broad implications on the government's ability to extract massive fines for criminal violations in fraud and other cases involving a measurable ... Mon, 27 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7035 In December of 2009, in Owners Association vs. Satomi, LLC, the Washington Supreme Court ruled that the private binding arbitration provisions in the purchase and sale agreements for three condominium projects were enforceable. The lower courts had ... Tue, 14 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7038 By Beth S. Ginsberg On September 10, 2010, Judge Freudenthal of the District Court of Wyoming entered an Opinion and Order invalidating the U.S. Fish and Wildlife Service's ("FWS" or "Service") critical habitat designation for the Canada Lynx and enjoining ... Tue, 14 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7025 The California Energy Commission RPS staff has proposed some significant and potentially important revisions to the RPS Eligibility Guidebook and the Overall Program Guidebook. Written comments on the proposed revisions are due September 10, 2010, by ... Fri, 03 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7017 Last night, the California legislature failed to pass Senate Bill 722—the 33% Renewable Portfolio Standard (RPS) legislation—by the close of the legislative session. The bill would have increased California's RPS to 33% for both investor-owned and publicly ... Wed, 01 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7011 On August 25, the California Public Utilities Commission ("CPUC") issued a proposed decision ("PD") that would end the CPUC's moratorium on approval of tradable renewable energy credit ("TREC") transactions and increase the cap on such transactions for ... Fri, 27 Aug 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7012 The Treasury Department recently issued a series of FAQs in an effort to clarify when projects will be treated as having "begun construction" for purposes of the section 1603 grant. As you may be aware, a project that otherwise qualifies for the grant ... Fri, 27 Aug 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6993 On August 17, 2010 the United States Court of Appeals for the Ninth Circuit held that a National Pollution Discharge Elimination System ("NPDES") permit is required for stormwater runoff from logging roads. In NEDC v. Brown, No. 07-35266, three judges ... Wed, 18 Aug 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6946 The Washington Supreme Court recently held in Broom v. Morgan Stanley DW, Inc. that state statutes of limitations—referred to in the Revised Code of Washington as the Limitation on Actions—do not apply to a contractual arbitration. The arbitrators of ... Mon, 09 Aug 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6812 On July 2, 2010, the California Independent System Operator (CAISO) proposed changes to its large generator interconnection agreement (LGIA) that will affect all asynchronous generators (predominantly wind and solar facilities) that are larger than 20 ... Tue, 20 Jul 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6768 More than 396,000 signatures have been submitted to the Washington Secretary of State's office in support of putting an initiative to privatize liquor sales on the general election ballot in Washington State this coming November. That initiative, which ... Mon, 28 Jun 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6762 The U.S. Treasury Department today released on its website additional guidance regarding the "begin construction" requirement for qualifying for the 30% ARRA cash grant. To qualify for the grant, a project either must be placed in service in 2009 or ... Fri, 25 Jun 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6670 Several deadlines relating to the implementation of RFS2 are rapidly approaching and should be strictly followed by renewable fuel producers to avoid loss of the value of RINs under the new system. Producers who miss the registration deadline of July ... Thu, 20 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6644 Communities for a Better Environment v. City of Richmond (April 26, 2010)First District Court of Appeal Case No. A125618 The First District Court of Appeal has issued the first published opinion regarding the adequacy of greenhouse gas (GHG) emissions ... Thu, 13 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6645 The U.S. Department of the Treasury, as part of the process of reviewing applications for the ARRA Section 1603 grant, has been making supplemental requests that applicants submit copies of their power purchase agreements (PPAs). This is creating delays ... Thu, 13 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6630 The Washington Department of Revenue announced a public hearing regarding proposed amendments to its rule governing administration of the Renewable Energy System Cost Recovery program. Pursuant to this program, participating light and power companies ... Wed, 05 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6612 The Alcohol and Tobacco Tax and Trade Bureau (TTB) has recently ramped up enforcement against wineries and bonded wine cellars (BWC) that fail to report changes in proprietorship or changes in control to TTB within 30 days of the change. While TTB's ... Mon, 03 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6605 Secretary of the Interior Salazar signed a record of decision on April 28, 2010 approving a commercial wind lease for the Cape Wind Energy Project, the nation's first deep water wind project. The Mineral Management Service (MMS) lease will include mitigation ... Thu, 29 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6594 On April 20, 2010, the U.S. Department of Energy (the "DOE") released the long-awaited Financial Assistance Funding Opportunity Announcement ("FOA") titled "Marine and Hydrokinetic Technology Readiness Advancement Initiative." Federal funding for this ... Mon, 26 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6571 Yesterday the Oregon Supreme Court conclusively ruled that employers are not required to accommodate the use of medical marijuana in the workplace, ending years of doubt and confusion on this critical issue. Click here to read the Court's opinion ... Thu, 15 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6569 On Monday, April 12, 2010, Governor Schwarzenegger signed SB 401, which excludes from California gross income the cash grant in lieu of tax credits (the Treasury grant) pursuant to Section 1603 of the American Recovery and Reinvestment Act of 2009 (ARRA). ... Wed, 14 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6567 In an effort to further protect new homebuyers from construction lien claims, Oregon's legislature recently eliminated the explicit option of waiving protection under the Homebuyer Protection Act (the "Act"). The Act, enacted by the Legislative Assembly ... Tue, 13 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6560 Medicare and Medicaid providers, suppliers and plans may need to make immediate changes to their procedures for handling identified overpayments or risk False Claims Act liability, including triple damages and significant fines. Nature of Change The ... Thu, 08 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6552 Physician groups that offer advanced imaging services (i.e., MRI, CT, and PET) should take note of one of the provisions of the newly enacted Patient Protection and Affordable Care Act1 ("the Act"). Effective immediately, "group practices"2 providing ... Mon, 05 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6544 On March 16, 2010, Governor Ted Kulongoski issued Executive Order No. 10-03, declaring a "state of drought emergency" for Klamath, Jackson, Douglas, Lane, Deschutes, and Lake Counties, Oregon. Barring extraordinary spring precipitation alleviating statewide ... Thu, 01 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6545 Last weekend, Utah Governor Gary Herbert signed a bill into law that will help Utah-based businesses fight several different nefarious Internet practices. The Utah E-Commerce Integrity Act contains sections that prohibit cybersquatting and creates statutory ... Thu, 01 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6537 The health care reform legislation passed by Congress places significant new responsibilities on employers, group health plans, insurers, and individuals. This alert gives a brief overview of the most significant issues affecting employers and group ... Tue, 30 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6538 On March 29th EPA signed a long-awaited interpretive ruling regarding when and how facilities that emit greenhouse gases will be subject to permitting under Title V and Major New Source Review . The federal rules state that a source must consider those ... Tue, 30 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6539 The Treasury Department recently revised its guidance concerning the "beginning of construction" requirement for qualifying for the cash grant in lieu of tax credits (the Treasury Grant) for certain renewable energy projects placed in service after 2010. ... Tue, 30 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6533 On March 24, 2010, three federal agencies announced a Memorandum of Understanding for Hydropower (the "MOU") that impacts developers of traditional hydropower, hydrokinetic, pumped storage, and small-scale hydropower facilities. The Department of Energy ... Mon, 29 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6516 Greenhouse gas (GHG) emissions are now recognized as an environmental impact under the National Environmental Policy Act (NEPA), and state analogs such as the California Environmental Quality Act (CEQA) the Washington State Environmental Policy Act (SEPA) ... Fri, 26 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6517 On Thursday, March 18, 2010, the Governor signed HB 3680, which makes substantive changes to the Business Energy Tax Credit (BETC) and delegates substantial new rulemaking authority to the Oregon Department of Energy (ODOE). The BETC is a state income ... Wed, 24 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6512 On March 18 and 19, 2010, the Federal Energy Regulatory Commission (the "Commission") issued a pair of orders that impact generation developers. In Order No. 697-D, the Commission clarified when sellers with market-based rate authority must notify the ... Tue, 23 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6511 On Thursday, March 18, 2010, President Obama signed into law the Hiring Incentives to Restore Employment Act (the HIRE Act). The HIRE Act includes the following provisions applicable to businesses: Provisions Affecting Domestic Activities of U.S. and ... Mon, 22 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6504 Last week, the California Public Utilities Commission ("CPUC") finally voted to approve the use of tradable renewable energy credits ("TRECs") to satisfy obligations imposed on investor-owned utilities, energy service providers, and community choice ... Wed, 17 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6505 Communities for a Better Environment v. South Coast Air Quality Management DistrictOn March 15, 2010, the California Supreme Court published a highly anticipated decision involving the California Environmental Quality Act ("CEQA"). The Court held that ... Wed, 17 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6496 By Ryan Steen In February 2010, the Center for Biological Diversity ("CBD") filed a lawsuit in the U.S. District Court for the District of Oregon alleging that the U.S. Fish and Wildlife Service (the "Service") violated the Endangered Species Act ("ESA") ... Thu, 11 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6497 The U.S. Department of Treasury and the U.S. Department of Energy yesterday jointly announced the issuance of guidance regarding the federal income tax treatment of Smart Grid Investment Grant payments received pursuant to the American Recovery and Reinvestment ... Thu, 11 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6484 Senator Charles E. Schumer (N.Y.) and three other Democratic senators have joined to propose legislation that would place limitations on the grant in lieu of tax credits for renewable energy projects under section 1603 of the American Recovery and Reinvestment ... Thu, 04 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6599 ... Mon, 01 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6467 The Washington Supreme Court recently overturned three lower court decisions that invalidated binding arbitration clauses in condominium sales contracts. In Satomi Owners Association v. Satomi, LLC, the Supreme Court held that the Federal Arbitration ... Fri, 26 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6462 In an effort to fill a budget shortfall that has now grown to $2.8 billion, the 2010 Washington State Legislature has proposed eliminating the sales and use tax exemptions for machinery and equipment used in renewable energy projects other than wind ... Thu, 25 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6425 As described in a previous alert, the Securities and Exchange Commission ("SEC") voted on Wednesday, January 27, 2010 to adopt an interpretive release to provide guidance on existing public company disclosure requirements as they apply to business or ... Fri, 12 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6409 In an effort to fill a $2.6 billion budget shortfall, the Washington State Legislature proposes taxing businesses that have no physical presence in Washington and perform all of their business activities in other states. As originally proposed in House ... Tue, 09 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6393 The Securities and Exchange Commission ("SEC") voted on Wednesday, January 27, 2010 to adopt an interpretive release to provide guidance on existing public company disclosure requirements as they apply to business or legal developments relating to climate ... Mon, 01 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6384 FTC Announces Minor Reductions to Hart-Scott-Rodino Premerger Notification Thresholds, Effective February 22, 2010 DOJ Issues $900,000 Fine for Failure to Honor Hart-Scott-Rodino Waiting Period New Merger Notification Thresholds Under the Hart-Scott-Rodino ... Fri, 29 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6377 The Federal Energy Regulatory Commission ("FERC") issued a Notice of Inquiry on January 21, 2010, initiating a proceeding in which FERC welcomes public comment on whether existing rules, regulations, tariffs, and industry practices within FERC's jurisdiction ... Fri, 22 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6372 Owners and developers should be wary of the warranties that manufacturers of materials and equipment usually attach to the materials or equipment they sell, as warranties often strip more benefits than they confer. If you're planning new construction, ... Thu, 21 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6373 On January 13, 2010, the U.S. Fish and Wildlife Service (the "Service") issued a proposed rule to revise its 2005 designation of critical habitat for threatened bull trout (Salvelinus confluentus). The proposal represents a dramatic increase in river ... Thu, 21 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6362 On January 8, 2010, the Oregon Department of Energy (ODOE) issued a final administrative rule and a news release relating to the Business Energy Tax Credit (BETC) "pass-through" rates. The BETC is a state income and excise tax incentive designed to stimulate ... Tue, 19 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6351 On January 5, 2010, the National Marine Fisheries Service ("NMFS") issued a proposed rule designating 70,600 square miles of critical habitat for endangered leatherback sea turtles (Dermochelys coriacea) along the West Coast, covering portions of Washington, ... Wed, 13 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6355 Today the United States Supreme Court issued an 8-1 decision in an appeal known as NRG v. Maine PUC, holding that the Mobile-Sierra public interest standard applies to third-party challenges to a freely negotiated wholesale-energy contract. The "public ... Wed, 13 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6027 Today the United States Supreme Court issued an 8-1 decision in an appeal known as NRG v. Maine PUC, holding that the Mobile-Sierra public interest standard applies to third-party challenges to a freely negotiated wholesale-energy contract. The "public ... Wed, 13 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6350 The public review draft of the Klamath Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities (the "KBRA") was released on January 7, 2010. A day later the Klamath Hydroelectric Settlement Agreement ... Tue, 12 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6344 The California Public Utilities Commission ("CPUC") issued a proposed decision on December 23, 2009 that would, if adopted, allow California investor-owned utilities, energy service providers, and community choice aggregators to purchase renewable energy ... Mon, 11 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6326 The American Recovery and Reinvestment Act of 2009 provided $60.9 million in new funding for Washington's State Energy Program ("SEP"). Subsequently, the Washington Legislature allocated $38.5 million to the Washington State Department of Commerce (formerly ... Mon, 04 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6322 The State Water Resources Control Board ("Water Board") has given notice of its public informational proceeding necessary to begin developing the flow criteria for the Sacramento-San Joaquin Delta ("Delta") ecosystem as directed by Senate Bill No. 1 ... Tue, 22 Dec 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6268 United State District Court Judge Roger W. Titus recently issued an injunction halting the construction of the Beech Ridge wind project in Greenbrier County, West Virginia (the "Project") to protect the Indiana Bat, a species listed as "endangered" under ... Thu, 17 Dec 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6267 On December 7, 2009 the U.S. Patent and Trademark Office ("USPTO") announced the launch of a pilot program to accelerate the examination of certain green technology patent applications. As previously reported, pendency for patent applications continues ... Tue, 15 Dec 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6081 The issuance of FHA Mortgage Letter 2009-19 in June of 2009 raised a host of concerns about condominium mortgage insurance among condominium developers, lenders and associations. In response, FHA temporarily pushed back the effective date of the new ... Mon, 23 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6057 Washington's new domestic partnership law giving registered domestic partners all the rights and responsibilities of spouses under state law takes effect on December 3, 2009. Have you amended your policies accordingly? Read further to find out how ... Mon, 16 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6058 By order that issued November 13, 2009 dismissing Tafas v. Kappos, the Federal Circuit finally brought to an end the saga over the disputed USPTO rules package that, in part, attempted to limit the number of patent claims and continuation applications ... Mon, 16 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6030 Below are significant updates to important laws and regulations pertaining to (1) potential new powers for the Federal Trade Commission ("FTC") and (2) U.S. labeling requirements for products that combine drug ingredients with dietary ingredients in ... Wed, 11 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6046 The Worker, Homeownership, and Business Assistance Act of 2009 was signed into law by President Obama on November 6. Highlights of the Act include: Net Operating Loss Carrybacks Generally, net operating losses (NOLs) may be carried back two years ... Wed, 11 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6356 Say goodbye to water use as usual. On November 5, 2009, the California Legislature passed several landmark water bills characterized by Governor Arnold Schwarzenegger as "the most comprehensive water infrastructure package … in the history of California." ... Mon, 09 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6026 The California Air Resources Board (CARB) has proposed a new program, to be called the Renewable Electricity Standard (RES). RES will add to the Renewable Portfolio Standard (RPS) currently enforced on California Investor Owned Utilities (IOUs). RES, ... Fri, 06 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6025 On Tuesday, November 3, the Oregon Department of Energy ("ODOE") issued temporary administrative rules relating to the Business Energy Tax Credit ("BETC"). For a description of the BETC, see our previous alerts on 2/27/2008 and 7/2/2007. ODOE issued ... Thu, 05 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5928 Having previously moved to stay proceedings in the Tafas v. Doll case pending the induction of David Kappos as the new Director of the USPTO, the USPTO announced on October 8, 2009 that it will join with plaintiff GlaxoSmithKline to file a motion dismiss ... Fri, 09 Oct 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5922 In a much-awaited move, the Department of Energy ("DOE") has issued another solicitation under its Section 1705 Loan Guarantee Program (the "Section 1705 Program"). Unlike other solicitations under the American Recovery and Reinvestment Act ("ARRA"), ... Wed, 07 Oct 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5920 In an important victory for condominium developers, the Eleventh Circuit has dismissed claims for rescission and damages asserted by buyers of condominium units under the Interstate Land Sales Full Disclosure Act ("ILSA"). The Eleventh Circuit's opinion ... Tue, 06 Oct 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5911 For your convenience, we've compiled the major events in labor and employment law for August-September 2009, as reported by the World of Work Blog. National News and Cases of Interest: Don't trust that applicant's fantastic job reference! We ... Wed, 30 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5899 Beginning on September 23, 2009, HIPAA covered entities (health care providers, health plans, and health care clearinghouses) and business associates have new notification requirements for a breach of unsecured protected health information ("PHI"). This ... Wed, 23 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5897 Yesterday the IRS issued Announcement 2009-69, which revises the requirements to qualify for the safe harbor created in Revenue Procedure 2007-65 for partnership flip transactions involving wind projects with respect to which the Production Tax Credit ... Tue, 22 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5888 Controversy continues around two bills that have been hotly debated in the California State Legislature this session: Senate Bill ("SB") 14 and Assembly Bill ("AB") 64. Together, these bills would increase California's Renewable Portfolio Standard ("RPS") ... Fri, 18 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5859 By now most contractors that do business with the federal government are aware that starting September 8, 2009 federal contractors and subcontractors may be required to use E-Verify to verify the employment eligibility of their workers. On September ... Thu, 03 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5837 One of the most controversial features of the American Recovery and Reinvestment Act ("ARRA" or the "Act") is its "Buy American" provision. There was a strong lobbying effort, which was successful, to impose domestic content requirements for all iron, ... Thu, 27 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5833 Limited liability companies (LLCs) do not provide their members or managers with absolute protection from the liabilities of the company. Members and managers can be personally liable for improper winding up of a company's affairs. The short life cycle ... Mon, 24 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5829 The California Natural Resources Agency ("Resources Agency") is conducting rulemaking proceedings to promulgate new CEQA Guidelines and Amendments to existing CEQA Guidelines ("CEQA Guidelines") that will address lead agencies' obligations to evaluate ... Fri, 21 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5822 We are pleased to announce that the first edition of THE LAW OF ALGAE is available now. The LAW OF ALGAE is a guide to the business and legal issues in developing a commercial scale algae biofuels facility. We are introducing THE LAW OF ALGAE in an on-line ... Tue, 18 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5812 The Treasury Department and the Department of Energy (DOE) yesterday jointly issued guidance detailing the requirements for qualifying for the new Qualifying Advanced Energy Project (QAEP) credit. This program, which was created by the American Recovery ... Fri, 14 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5809 On August 5, 2009, the Department of Energy ("DOE") issued a funding opportunity announcement ("FOA") deploying $8.5 million to stimulate small business innovation in the energy sector. This money will fund the first of three phases for Small Business ... Thu, 13 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5803 U.S. Representatives Collin Peterson (MN) and Tim Walz (MN) introduced the Wind Energy Promotion Act (WEPA) last month. If WEPA becomes federal law, the Renewable Energy Production Tax Credit (PTC) promises to become an even more potent driver for wind ... Wed, 12 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5796 On July 28, California Governor Arnold Schwarzenegger used his line item veto authority to eliminate $27 Million in state funding to local governments for Williamson Act contracts. Under the Williamson Act (officially titled "The California Land Conservation ... Mon, 10 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5797 On August 6, 2009, the Department of Energy ("DOE") issued a notice of proposed rulemaking to amend 10 CFR Part 609, the rule regulating the loan guarantee program authorized by section 1703 of Title XVII of the Energy Policy Act of 2005 (hereinafter ... Fri, 07 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5792 The Department of Energy ("DOE") recently issued Funding Opportunity Announcements ("FOAs") pertaining to concentrating solar power ("CSP") generation and community renewable energy projects. FOA: Baseload CSP Generation The DOE's Solar Energy Technologies ... Thu, 06 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5791 On August 4, 2009 the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") to deploy $5.5 million from the American Recovery and Reinvestment Act ("Recovery Act") to be used to increase the availability and use of gasoline/ethanol ... Wed, 05 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5783 On July 31, 2009, the Federal Energy Regulatory Commission conditionally approved the Southwest Power Pool's ("SPP") reformed interconnection procedures. SPP hopes that the reformed procedures will help the transmission provider more effectively process ... Mon, 03 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5779 The US Department of the Treasury announced today that applications are now being accepted for grants in lieu of income tax credits pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA). ARRA, which was enacted in February, permits ... Fri, 31 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5774 U.S. Energy Secretary Steven Chu announced yesterday that the Department of Energy will provide up to $30 billion in loan guarantees for renewable energy projects. The announcement corresponded with the release of two new loan guarantee solicitations ... Thu, 30 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5775 July 2009 Managers Individually Liable for Unpaid Wages Despite Employer's Bankruptcy Two recent cases should strike fear into the hearts of all upper-level managers and human resources professionals. In Boucher v. Shaw, the Ninth Circuit ruled that ... Thu, 30 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5768 On July 24, 2009 the parties jointly filed a motion to stay the proceedings at the Federal Circuit pending the induction of David Kappos as the new Director of the USPTO. The motion indicated that the proceedings could be rendered moot: A stay of ... Tue, 28 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5766 Background on BPA's Proposed Wind Integration RateSummary of BPA's Final Record of DecisionImplications for Future Wind Integration On July 21, 2009, the Bonneville Power Administration ("BPA") issued its Final Record of Decision ("ROD") in the 2010 ... Tue, 28 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5759 Owner and Developers Should Adapt Their Purchase and Sale, Lease, and Design and Construction Documents Accordingly July 21, 2009 On July 14, 2009, Oregon Governor Ted Kulongoski signed HB 2434 passed in June by the Oregon Legislative Assembly. Although ... Tue, 21 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5755 On July 16, 2009, the Federal Energy Regulatory Commission ("FERC") issued its Policy Statement on smart grid technologies, directing the development of key operational standards and implementing an interim incentive rate policy that will allow for cost ... Mon, 20 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5754 The U.S. Department of Energy ("DOE") yesterday announced funding of up to $85 million over a three-year period from the American Recovery and Reinvestment Act ("ARRA") for the development of algae-based biofuels and advanced, infrastructure-compatible ... Fri, 17 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5685 The National Telecommunications and Information Administration ("NTIA") and the Rural Utilities Service ("RUS") have now issued the awaited NOFA soliciting applications for grants and loans to increase broadband access in unserved areas, improve access ... Fri, 10 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5682 The U.S. Treasury Department today issued much-anticipated guidance concerning applications to receive cash grants in lieu of income tax credits for certain renewable energy projects. Although the guidance includes a sample application form, Treasury ... Thu, 09 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5767 In the USPTO's attempts to issue new rules intended to streamline the filing and prosecution of U.S. patents presumably to reduce the backlog of patent applications at the Office, on July 6, 2009 the Court of Appeals for the Federal Circuit granted an ... Thu, 09 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5710 Oregon HB 2434 was passed by the House of Representatives on May 4, 2009 and by the Senate on June 22, 2009. HB 2434 is currently awaiting the Governor's approval or veto. The bill would reduce from 10 years to six years the maximum time period during ... Wed, 08 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5674 The Department of Energy ("DOE") recently issued a Funding Opportunity Announcement ("FOA") that makes available an estimated $32 million for modernizing the existing hydropower infrastructure in the United States and increasing the quantity and value ... Wed, 08 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5651 On June 29, 2009 the Department of Energy ("DO") issued a Funding Opportunity Announcement to provide grants to implement the Building America ("BA") program. The BA program is part of DOE's Building Technologies Program, and its long-term goal is to ... Mon, 06 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5652 On June 29, 2009 the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") for the research and development of Advanced Energy Efficient Building Technologies. DOE is seeking applications under six broad areas of interest, involving ... Mon, 06 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5653 On June 26, 2009, the U.S. Agency for International Development ("USAID") Regional Development Mission for Asia ("RDMA") issued a Request for Applications ("RFA") to deploy $6 million to fund a U.S.-China Clean Energy and Climate Partnership program. ... Mon, 06 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5636 On June 29, 2009, the Department of Energy ("DOE") issued three Funding Opportunity Announcements ("FOAs") to deploy over $41.5 million from the American Recovery and Reinvestment Act to be used to fund solid-state lighting1 ("SSL") product development, ... Wed, 01 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5638 In a victory for multifamily developers, the U.S. Supreme Court has declined to review a ruling by the Ninth Circuit that limited the statute of limitations on claims against developers for accessibility design and construction under the Fair Housing ... Wed, 01 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5640 The Washington State Department of Community, Trade, and Economic Development ("CTED") yesterday released a summary of legislative actions from 2003 to 2009 that provide state bioenergy incentives. The summary covers production and tax incentives, public ... Wed, 01 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5641 Ricci v. DeStefano—Supreme Court Holds City Violated Title VII by Rejecting Racially Disparate Test Results The Supreme Court yesterday issued its long-awaited ruling in Ricci v. DeStefano, holding that the City of New Haven violated Title VII by ... Tue, 30 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5632 On June 25, 2009, the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") to deploy over $4.15 billion from the American Recovery and Reinvestment Act ("Recovery Act") to be used to fund smart grid projects. These funds are ... Tue, 30 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5606 On June 26, President Obama announced that he will appropriate $10.5 million for the further advancement of the Solar America Cities program. The Department of Energy (DOE) has had success recently in partnering with 25 cities across the nation to introduce ... Mon, 29 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5607 The Supreme Court today issued its long awaited ruling in Ricci v. DeStefano, holding that the City of New Haven violated Title VII by failing to endorse the results of a promotion test that disproportionately favored white employees. This case is getting ... Mon, 29 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5579 You are a member of a limited liability company that owns Oregon real estate and have found a tenant or buyer who would like to lease or purchase the property. Even though you might not have a real estate license, you can negotiate the lease or sale ... Thu, 25 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5573 On June 23, 2009, the U.S. Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") called "Recovery Act: Large Wind Turbine Drivetrain Testing Facility." This FOA is for the design and construction of a large dynamometer facility ... Wed, 24 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5569 On June 15 the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") providing $39.5 million to enhance state government energy assurance capabilities and plan for smart grid resiliency. The initiative is designed to create jobs ... Tue, 23 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5572 On June 18, 2009, the Federal Energy Regulatory Commission (FERC) issued Order No. 697-C, reforming its change in status reporting requirements with respect to sites controlled for generation capacity development. The new rules impose an ongoing obligation ... Tue, 23 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5551 This June, as in years past, the U.S. Department of Agriculture's (USDA) Farm Service Agency (FSA) needs your help in nominating farmers and ranchers to serve on local County Committees. County Committees have substantial influence on a number of decisions ... Thu, 18 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5533 On June 9, 2009, the Department of Energy reopened a Funding Opportunity Announcement ("FOA") related to the Clean Coal Power Initiative ("CCPI"). The CCPI is a cost-shared collaboration between government and industry to advance clean coal technologies ... Wed, 17 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5534 On June 15, 2009, President Obama announced that the Department of Energy ("DOE")—in accordance with the American Recovery and Reinvestment Act ("Recovery Act" or "ARRA")—is to issue a Funding Opportunity Announcement ("FOA") to improve utility investment ... Wed, 17 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5532 On June 8, 2009, the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") to deploy over $1.4 billion from the American Recovery and Reinvestment Act to be used to lower our nation's carbon emissions. The FOA will support projects ... Tue, 16 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5518 The Department of Energy ("DOE") yesterday announced more than $300 million of investments that will boost a range of clean energy technologies, including (1) high efficiency vehicles, (2) solar power, and (3) carbon capture from coal. High Efficiency ... Fri, 12 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5515 On Tuesday, June 9, 2009, Facebook announced that it would allow users to create personalized URLs. This will allow individuals and companies to create a personal web address that other Facebook users can use to find them on the site. One troubling ... Thu, 11 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5516 On June 1, 2009, the Department of Energy ("DOE") announced plans to deploy $256 million from the American Recovery and Reinvestment Act ("Recovery Act") to be used to improve the energy efficiency of the American economy. Three recent DOE Funding Opportunity ... Thu, 11 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5495 On May 27, 2009, President Obama announced that the Department of Energy ("DOE") would deploy $350 million from the American Recovery and Reinvestment Act ("Recovery Act") to be used to expand development, deployment, and use of geothermal energy throughout ... Fri, 05 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5497 On Friday, June 5, the Internal Revenue Service issued Notice 2009-52, which provides guidance informing taxpayers how to elect to claim the Investment Tax Credit ("ITC") under IRC § 48 in lieu of the Production Tax Credit ("PTC") under IRC ... Fri, 05 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5490 On May 27, 2009, President Obama announced that the Department of Energy ("DOE") is to provide $117.6 million to support the widespread commercialization of clean solar technologies and to scale up U.S. solar manufacturing and production. The funds are ... Thu, 04 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5465 Lately, a lot of attention has been focused on energy financing opportunities in the American Recovery and Reinvestment Act (the Stimulus Bill) (see our recent publication Show Me the Money: The Law of the Stimulus). However, there are still exciting ... Mon, 01 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5466 Reviewing the relevant zoning map is a vital component of due diligence on a prospective property purchase or development. For the unwary, though, this review can result in costly oversights, as it can lead the unsuspecting to believe that the subject ... Mon, 01 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5458 Labor Groups Hail Sotomayor Nomination; Employment Law Record Appears Even-Handed The biggest labor and employment law story this month is the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court. Labor unions couldn't be happier: "Judge Sotomayor ... Fri, 29 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5453 Oregon House Bill 2434 Threatens to Cut Off Large Commercial and High Rise Residential Defect Claims. All large commercial property owners and developers should be aware of a substantial risk that Oregon's statute of repose for construction and design ... Wed, 27 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5423 By Ryan Steen and Jeffrey Leppo On May 8, 2009, U.S. Department of the Interior Secretary Ken Salazar announced that he will retain a special rule issued under Section 4(d) of the Endangered Species Act ("ESA") that provides for the protection of polar ... Wed, 13 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5401 On May 6, 2009, the Rural Business-Cooperative Service of the U.S. Department of Agriculture announced that it is accepting applications for approximately $18 million in Value-Added Producer Grants. Funds are available for value-added agricultural projects, ... Thu, 07 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5400 On May 4, 2009, Governor Christine Gregoire signed two bills into law. Bill 5921 creates a new Clean Energy Leadership Council for the State of Washington. Bill 2289 expands the Energy Freedom Program from a biofuels-focused program to include energy ... Wed, 06 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5398 On April 22, 2009, the Department of the Interior's Minerals Management Service ("MMS") issued final rules for granting leases, easements, and rights-of-way for renewable energy project activities and alternate uses of existing facilities located on ... Tue, 05 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5399 On May 4, 2009, the U. S. Supreme Court issued a decision in Burlington Northern & Santa Fe Railway Co. v. United States1 that significantly narrows the grounds under which a party may be held liable under federal law for the costs of environmental ... Tue, 05 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5383 On April 28, 2009, the U.S. Departments of the Interior and Commerce issued a joint press release announcing that they are revoking the Endangered Species Act ("ESA") Section 7 regulations that were issued by the previous administration on December 16, ... Thu, 30 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5390 New Swine Flu Resources for Employers Available The U.S. government has set up a new website, PandemicFlu.gov, to provide "One-stop access to U.S. government swine, avian and pandemic flu information." It has posted a great deal of information on its ... Thu, 30 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5379 In 2003 the Oregon legislature passed Oregon Laws 2003, chapter 660 relating to construction defect claims (the "Right to Repair Law"). That act required developers to deliver the following statutory form of notice of the procedure contained in the Right ... Tue, 28 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5380 Oregon Senate Bill 955 (available here) is an attempt by design professionals to abolish claims by those not under direct contract with the designer. Private and public owners and developers should voice their opposition to SB 955 if they have not already. ... Thu, 23 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5367 The California legislature is considering two bills—Senate Bill (SB) 14 and Assembly Bill (AB) 64—that would prevent out-of-state wind and solar generation from being used to meet California utilities' Renewable Portfolio Standard (RPS). Both bills would ... Thu, 23 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5353 The American Recovery and Reinvestment Act ("ARRA") provides $4.5 billion to the Department of Energy's ("DOE") Office of Electricity Delivery and Energy Reliability ("OED") to be used in upgrading and modernizing the nation's electricity grid. The funds ... Tue, 21 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5247 A memorandum of understanding (MOU) signed on April 9, 2009 by Department of the Interior (Interior) Secretary Salazar and Federal Energy Regulatory Commission (FERC) Chairman Wellinghoff removes a major barrier to wave, current, and tidal hydrokinetic ... Fri, 10 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5248 On April 6, Agriculture Secretary Tom Vilsack announced that USDA is making more than $17 million in grants available under the Beginning Farmer and Rancher Development Program. The Beginning Farmer and Rancher Development Program provides education, ... Fri, 10 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5245 Earlier this year Congress passed and the President signed the American Recovery and Reinvestment Act (the "Recovery Act"). The Recovery Act includes a number of provisions intended to promote renewable energy. For example, Section 1603 establishes grants ... Wed, 08 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5241 What Bill has passed? Senate House Bill 1812 was unanimously approved by the Washington State Senate on April 2, 2009. A prior version of this Bill was passed unanimously by the House on March 4, 2009. The Senate version contained a minor amendment ... Mon, 06 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5232 On April 8 the Reserves Steering Committee ("RSC") will be taking an important step toward shaping where the Portland metropolitan urban growth boundary ("UGB") may—and may not—expand over the course of the next five decades by recommending urban and ... Fri, 03 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5237 On October 29 of last year, the California Public Utilities Commission issued a proposed decision that, if approved, would have allowed California's investor-owned utilities to meet their obligation to procure renewable generation by purchasing tradable ... Fri, 03 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5228 If it becomes law, House Bill 2829, as amended (the current text of which is available here), would amend Oregon's "other constituency" statute in ORS 60.357(5) to explicitly extend its applicability beyond the takeover context to all decisions of a ... Thu, 02 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5229 In 1991, the U.S. Supreme Court ruled in Gilmer v. Interstate/Johnson Lane Corp. that individual employees who sign arbitration agreements could be compelled to arbitrate all claims against their employer, including statutory discrimination claims. Today, ... Wed, 01 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5223 The California Public Utilities Commission has begun consideration of a proposal from its Energy Division staff to expand the current feed-in tariff program to include renewable generation projects up to 10 MW. The feed-in tariff would require California's ... Tue, 31 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5243 FERC's Policy Statement on Conditioned Licenses for Hydrokinetic Projects (Nov. 30, 2007) finds implied support in a March 13, 2009 court of appeals decision dismissing Delaware's challenge of FERC's order conditionally authorizing the Crown Landing ... Wed, 18 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5114 On March 16, the U.S. Court of Appeals for the Ninth Circuit confirmed a decision by the National Marine Fisheries Service ("NMFS") to downlist the Upper Columbia River ("UCR") steelhead under the Endangered Species Act ("ESA"). Trout Unlimited v. Lohn, ... Wed, 18 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5115 Washington law currently provides an exemption from sales tax for sales of machinery and equipment (e.g., wind turbines and towers) used directly in generating electricity using fuel cells, wind, sun, or landfill gas as the principal source of power ... Wed, 18 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5421 Both chambers of Oregon's legislature are currently considering several bills aimed at reducing the environmental impacts of buildings. These proposals include the following: • HB 3061 directs the Oregon Department of Energy ... Mon, 16 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5075 On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the "Act"), a $787 billion economic stimulus package that contains numerous tax provisions related to biomass and other renewable energy projects. ... Thu, 12 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4919 In an effort to cultivate a robust green economy, the American Recovery and Reinvestment Act of 2009 (the "Stimulus Bill") provides significant funding opportunities for renewable energy, energy efficiency, energy storage and other projects in the energy ... Fri, 06 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4921 The American Recovery and Reinvestment Act of 2009 ("ARRA") appropriates an unprecedented $7.2 billion for development of broadband in both unserved and underserved areas. The money is set to be distributed through a yet-to-be-determined system of grants, ... Fri, 06 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4574 The recently adopted $787 billion economic stimulus package known as the American Recovery and Reinvestment Act of 2009 created a temporary program to facilitate the rapid deployment of renewable energy and electric power transmission projects by providing ... Tue, 03 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4511 In late February, the Federal Energy Regulatory Commission (the "Commission") significantly altered its analysis for considering merchant transmission projects. Perhaps more important, the Commission approved transmission developer proposals to allow ... Mon, 02 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4508 All owners and developers of property in Oregon should be aware of HB 2434, which is now being heard in the Oregon House Judiciary Committee. HB 2434 would reduce the statute of repose on design and construction defect claims on commercial projects from ... Fri, 27 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4510 February 2009 Stimulus Package Includes COBRA Subsidies Among the provisions of the new stimulus package signed by President Obama are subsidies for unemployed workers continuing their health care benefits through the Consolidated Omnibus Budget Reconciliation ... Fri, 27 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4553 The Energy Division staff at the California Public Utilities Commission has proposed a set of criteria to be used to evaluate project viability for projects bidding into California's Renewable Portfolio Standard (RPS) program. The proposal is intended ... Fri, 20 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3567 What is it?On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act, commonly known as the $787 billion stimulus package designed to revive the economy. The law includes a COBRA subsidy for laid-off workers. Persons ... Thu, 19 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3560 President Obama on February 17 signed into law the American Recovery and Reinvestment Tax Act of 2009, a $787 billion economic stimulus package that contains numerous tax provisions. TAX INCENTIVES FOR BUSINESSES • Extension ... Thu, 19 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3565 As the availability of private land in Oregon suitable for siting wind energy projects diminishes, wind energy developers are increasingly looking to federal land for appropriate project sites. Development on federal lands, however, can require compliance ... Wed, 18 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3550 Yesterday Congressional negotiators agreed on the terms of the American Recovery and Reinvestment Tax Act of 2009 (the Bill), the $789 billion economic stimulus package. It is expected that the House and Senate will pass the Bill by the end of the week ... Thu, 12 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3536 Enactment of a renewable portfolio standard ("RPS") has been under consideration in Congress and elsewhere for several years. In a nutshell, an RPS would require that a certain percentage of electricity sold to retail consumers must be obtained from ... Mon, 09 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3528 On January 8, 2009, the Office of Planning and Research ("OPR") released a preliminary draft of regulations that will implement the California Environmental Quality Act ("CEQA") with regard to evaluating, measuring and mitigating the potential greenhouse ... Wed, 04 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3506 January 2009 President Obama Signs Lilly Ledbetter Fair Pay Act President Obama signed the Lilly Ledbetter Fair Pay Act into law today, January 29. The Act—the very first bill he signed—overturns a U.S. Supreme Court decision that limited the time ... Thu, 29 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3493 On Friday, January 23, the Chairman of the Senate Finance Committee released his proposal for the economic stimulus bill. Like the House bill (H.R. 598), the proposal by Chairman Max Baucus (Chairman's Mark) is called the American Recovery and Reinvestment ... Mon, 26 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3486 The American Recovery and Reinvestment Tax Act of 2009 (H.R. 598 - the Bill) was introduced in the House of Representatives on January 16, 2009 as part of an $825 billion economic stimulus plan. The Bill contains a number of incentive provisions for ... Thu, 22 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3462 UpcomingSeminarFebruary 11, 2009Seattle, WashingtonLearn about legal issues in purchasing troubled assets at a complimentary breakfast seminar featuring Stoel Rives attorneys and keynote speaker David Chen of Equilibrium Capital Group, a member of the ... Tue, 13 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3448 Yesterday, the Sixth Circuit struck EPA's aquatic pesticide rule in Nat'l Cotton Council of Am. v. EPA, No. 06-4630 et seq., 2009 WL 30292 (6th Cir Jan. 7, 2009). In November 2006, EPA promulgated a new rule concluding that pesticides applied in accordance ... Fri, 09 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3449 The Oregon Court of Appeals recently issued a ruling in the case of Waxman v. Waxman & Assoc., Inc. that resolves two significant issues regarding the statute of limitations in certain construction defect cases. First, the court ruled that where ... Thu, 08 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3435 For over 30 years, companies operating in the global energy arena have had to comply with the U.S. Foreign Corrupt Practices Act ("FCPA"). During the past 10 years, other countries have enacted their own versions of the FCPA. International energy companies ... Tue, 06 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3459 Have you amended your leave policies and procedures to comply with the new FMLA amendments and Washington leave laws? Amendment highlights: New military family leave for qualifying family members for an exigency arising out of a covered military service ... Mon, 29 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3414 President-elect Barack Obama's choice of California congresswoman Hilda Solis as Labor Secretary highlights the significance the incoming administration is placing on clean renewable energy and the contributing role of green jobs. Rep. Solis is a key ... Mon, 22 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3411 Last week, California Assembly members Paul Kerkorian, Karen Bass, and Sam Blakeslee introduced Assembly Bill 64 (AB 64), proposing dramatic changes to how California will proceed with its Renewable Portfolio Standard (RPS). Consistent with Governor ... Fri, 19 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3408 On November 26, 2008, the Internal Revenue Service (IRS) issued Notice 2008-110, which provides guidance regarding the income and excise tax credits for biodiesel and cellulosic biofuels under sections 40A, 6426 and 6427(e) of the Internal Revenue Code ... Thu, 18 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3568 On December 16, 2008, the U.S. Departments of the Interior and Commerce published final regulations ("Final Regulations") amending certain aspects of the existing Section 7 consultation regulations under the Endangered Species Act ("ESA"). Among other ... Thu, 18 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3360 As part of the Farm Bill enacted in mid-2008, Congress included a new tax credit to help defray costs of providing security against theft and terrorism for agricultural chemicals and pesticides. The income tax credit equals 30 percent of any "qualified ... Wed, 10 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3338 Directives of S-14-08 On November 17, 2008, Governor Schwarzenegger signed Executive Order S-14-08, revising California's existing Renewable Portfolio Standard (RPS) upward to require all retail sellers of electricity to serve 33% of their load from ... Tue, 25 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3339 Employee Free Choice Act Tops List of Anticipated L&E Legislation Wondering what the Obama administration and Democratic control of Congress mean for labor and employment law? Here's a list of the top legislation to watch (or watch out for): ... Tue, 25 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3333 The "welcome" sign to continued alternative energy development in the State of Washington is out. The Washington State Supreme Court yesterday affirmed the primacy of the Energy Facility Site Evaluation Council's (EFSEC) authority to process applications ... Fri, 21 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3318 A recent federal district court opinion raises significant questions regarding whether Measure 49 actually altered the rights previously granted by Measure 37 waivers. The case, Citizens for Constitutional Fairness v. Jackson County, arose after Jackson ... Mon, 17 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3317 With the election of Barack Obama, and strengthened Democratic majorities in both houses of Congress, it seems likely that among the changes we can expect, expansion of federal labor and employment law is coming. Among the changes employers should expect ... Fri, 14 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3284 Although Governor Schwarzenegger vetoed many legislative bills due to the State budget stall, he did sign some of importance. Below is a brief review of some of the 2008 environmental bills that were recently signed. SB 375 (Steinberg) Greenhouse Gas ... Fri, 07 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3287 By Jere M. Webb and Matti Neustadt Storie This article appears in the November 2008 Oregon Wine Press magazine Even the most practiced oenophile will admit to occasionally buying a bottle of wine based purely on its label. Perhaps, the label design ... Fri, 07 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3285 In a move that has been long awaited by the renewable energy industry, the California Public Utility Commission ("CPUC") on October 29, 2008 issued a draft decision that would allow California utilities to comply with the state's renewable portfolio ... Thu, 06 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3281 On November 19, 2008, the City of Portland will release its "High Performance Green Building Policy" draft for public comment. Public comment on the draft will continue through December 19, 2008, with City Council consideration of the package set for ... Mon, 03 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3282 In an October 16 Resolution (E-4196), the California Public Utilities Commission rejected the power purchase agreement (PPA) between Pacific Gas & Electric (PG&E) and Finavera Renewables, Inc. for the output of Finavera's proposed 2 MW ... Mon, 03 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3271 U.S. Supreme Court to Hear Six L&E Cases This Term The U.S. Supreme Court opened its 2008-09 term on October 6 with six labor and employment law cases on its docket. (For docket information and questions presented, click on the name of the ... Thu, 30 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3254 On October 16, 2008, the Federal Energy Regulatory Commission ("FERC") issued an order holding that its Federal Power Act ("FPA") jurisdiction extends to hydrokinetic projects on the outer continental shelf ("OCS"). FERC's order rejected Department of ... Wed, 22 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3241 On October 3, 2008, President Bush signed into law Public Law 110-343, which consists of three separate acts. This alert discusses tax provisions in the Emergency Economic Stabilization Act of 2008 (Stabilization Act) and the Tax Extenders and Alternative ... Mon, 20 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3229 The current economic challenges being felt throughout the country come at a time when the City is embarking on its first broad-scale review of its Comprehensive Plan in effect since 1980 and its Central City Plan implemented in 1988. The Comprehensive ... Thu, 16 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3227 The Utah Public Service Commission ("Commission") has issued an order approving the request by Milford Wind Corridor Phase I, LLC and Milford Corridor Phase II, LLC (collectively, "Milford Wind") for a certificate of public convenience and necessity ... Mon, 13 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3208 President Bush last week signed into law H.R. 1424, which includes the Energy Improvement and Extension Act of 2008 (the Act). The Act contains a number of tax incentives for renewable energy and other energy activities, including the much-anticipated ... Wed, 08 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3207 Today the House passed, and President Bush signed into law, H.R. 1424, which includes the Energy Improvement and Extension Act of 2008 (the Act). The Act contains the much-anticipated extension of the production tax credit (PTC) and investment tax credit ... Fri, 03 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3206 President Bush Signs ADA Amendments Act On September 25, 2008, President Bush signed the ADA Amendments Act (ADAAA), a law that will significantly expand the coverage of the Americans with Disabilities Act (ADA) beginning January 1, 2009. Some key ... Tue, 30 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3214 Employers face a looming deadline to make sure that all plans, programs and arrangements that pay deferred compensation either comply with the final regulations under section 409A of the Internal Revenue Code or have been structured to be exempt from ... Mon, 22 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3158 President Bush has indicated he will sign the ADA Amendments Act, or "ADAAA," which was passed by Congress earlier this week. The ADAAA, which will take effect January 1, 2009, will significantly broaden the scope and coverage of the Americans with Disabilities ... Fri, 19 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3159 Many of us working with real estate do not encounter withholding of income taxes at closing by the escrow agent, exchange accommodator or attorney handling funds, except in the context of federal tax and a non-U.S. party. Effective January 1, 2008, ... Thu, 18 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3138 Federal Energy Regulatory Commission ("FERC") comments, dated August 28, 2008, on the Mineral Management Service ("MMS") proposed rule on alternative energy and alternate use of the outer continental shelf ("OCS") recommend that MMS remove wave and ocean ... Tue, 09 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3133 On August 25, 2008, the Federal Energy Regulatory Commission (the "Commission" or "FERC") conditionally approved the Midwest Independent Transmission System Operator's ("MISO") proposal to reform the generator interconnection queue process. This order ... Mon, 08 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3128 California Court Upholds One-Year Statute of Limitation to Arbitrate FEHA Claim In Pearson Dental Suppliers, Inc. v. Superior Court, the California Court of Appeal (Second District) enforced an arbitration agreement requiring the employee to bring ... Thu, 28 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3099 In the past, there has been significant concern by owners about the number of disputes and resulting costs that have arisen on major construction projects. The industry has proactively addressed these concerns and, to a certain extent, these efforts ... Fri, 15 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3073 California employers have scored a major victory regarding meal and rest periods as the result of a new California Court of Appeal decision, Brinker Restaurant Corp. v. Superior Court. Within days of this decision, California's Labor Commissioner directed ... Mon, 11 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3074 In a decision that will be a relief to corporations struggling to determine how to fulfill apparently inconsistent employment tax reporting obligations, the Oregon Supreme Court has reversed an Oregon Court of Appeals decision concerning director fees. ... Thu, 07 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3056 On July 31, 2008, the Oregon Public Utility Commission ("the OPUC") issued an Order that paves the way for developers to build and operate solar and wind facilities on property that belongs to utility customers. The Order comes less than two months after ... Mon, 04 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3051 Ninth Circuit Affirms "Emotional Distress Damages" Caused by Denial of FMLA Leave Plaintiffs suing their employers under the Family and Medical Leave Act ("FMLA") may recover lost wages, but they may not recover emotional distress damages. What if ... Thu, 31 Jul 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3045 On Wednesday, July 23, the Minerals Management Service ("MMS") announced that it will proceed with next steps to issue 12 limited leases to conduct wind, wave, and ocean current data collection and technology testing activities on the Outer Continental ... Tue, 29 Jul 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3039 Reversing its own earlier decision, the Utah Public Service Commission (the "Commission") has concluded that a wind power project must obtain a certificate of public convenience and necessity ("CPCN") for a 90-mile transmission line proposed in connection ... Mon, 28 Jul 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3038 On July 9, 2008, the Department of the Interior's Minerals Management Service (MMS) issued proposed regulations for granting leases, easements, and rights-of-way for alternative energy project activities and for alternate uses of existing facilities ... Fri, 25 Jul 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3003 The Environmental Protection Agency (EPA) recently publicized practices that it claims are illegal under its complex system for documenting compliance with the Renewable Fuel Standard. The system requires obligated parties to establish that they have ... Mon, 30 Jun 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3001 On June 26, 2008, the California Air Resources Board (CARB) issued a draft scoping plan for implementation of AB 32, the Global Warming Solutions Act of 2006. AB 32 requires California to reduce its emissions of six greenhouse gases to 1990 levels by ... Fri, 27 Jun 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3052 U.S. Supreme Court Expands Workers' Relief in Race and Age Discrimination SuitsOn May 27, the Supreme Court held that two civil rights laws prohibit employers from retaliating against employees who complain about discrimination, even though neither law ... Thu, 26 Jun 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2979 In Oregon, instruments that transfer or contract to transfer fee title to real property must contain a disclaimer stating that the person acquiring fee title should check with the appropriate city or county planning department to verify the approved ... Wed, 18 Jun 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2962 U.S. Supreme Court Expands Workers’ Relief in Race and Age Discrimination SuitsOn May 27, the Supreme Court held that two civil rights laws prohibit employers from retaliating against employees who complain about discrimination, even though neither ... Wed, 28 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2958 A green lease is a lease of space in a green building. A green building incorporates ecologically sustainable development (ESD) principles to ensure that the ongoing operation and maintenance of the building minimizes environmental impacts. A green ... Thu, 22 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2956 On May 16, 2008 the Federal Energy Regulatory Commission (the "Commission") issued an order upholding New Harquahala Generating Company's ("Harquahala") registration with the National Electric Reliability Corporation ("NERC") as a transmission owner ... Tue, 20 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2948 Oregon employers can rest easy. The Oregon Supreme Court just ruled that employees cannot bring wage claims for missed rest and meal periods. Oregon law requires a nonexempt employee receive a paid 10-minute rest break for every four hours worked or ... Fri, 16 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2937 We have received the below alert from a U.S. District Court representative and are passing along this information for your information and protection. In recent weeks, thousands of high-ranking executives across the country received e-mail messages ... Wed, 07 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2935 The following alert contains important information relating to (1) pending legislation to amend Canada's Food and Drugs Act and (2) United States labeling requirements on the Internet. The Potential Effect of Canada's Proposed Bill C-51 On Nutritional ... Wed, 30 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2923 On April 1, 2008, Governor Gregoire signed new laws requiring Washington employers of any size to provide two kinds of leave to Washington employees: domestic violence leave for victims and family members, and military family leave. Effective April ... Wed, 23 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2917 The Oregon Supreme Court recently answered an important question: can an owner sue a builder for damages caused by construction defects even if the owner bought the building after it was constructed? In Oregon, the answer is yes. In Harris v. Suniga, ... Mon, 21 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2918 April 2008 Immigration Law: New Proposed Procedures for Employers Who Receive a No-Match LetterThe Department of Homeland Security (DHS) recently introduced a "supplemental proposed rule" entitled "Safe-Harbor Procedures for Employers Who Receive ... Mon, 21 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2908 On March 20, 2008, the Federal Energy Regulatory Commission ("FERC") issued an Order on Rehearing and Clarification and Amending License ("Rehearing Order") amending the Conditioned Original License issued by FERC for the Makah Bay Offshore Wave Pilot ... Thu, 10 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2905 ... Thu, 03 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2904 On April 1, 2008, the U.S. District Court for the Eastern District of Virginia granted summary judgment against the U.S. Patent and Trademark Office (the "USPTO"), ruling that the proposed USPTO rules package was void and not in accordance with law because ... Wed, 02 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2901 The Public Utilities Commission of Nevada (the "PUCN") recently ordered that an investigation be opened into whether renting or leasing renewable generation systems is legal within the electric service territories of public utilities in Nevada. Commission ... Mon, 31 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2902 Your next project may be subject to a new construction excise tax. Under recently enacted legislation, school districts now may tax construction projects that result in new structures or additional square footage in existing structures. Before imposing ... Mon, 24 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2903 March 2008 New FMLA Leave Law: Military Family LeaveA new revision to the Family and Medical Leave Act ("FMLA") requires employers with 50 or more employees to provide up to 26 weeks of leave for family members caring for U.S. service members ... Thu, 20 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2880 The IRS this week issued guidance (Notice 2008-40) concerning thededuction for energy efficient commercial buildings under section 179D of the Internal Revenue Code, including guidance regarding the deduction allocable to designers of government-owned ... Fri, 14 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2870 The U.S. Department of Labor ("DOL"), in its first major overhaul of the Family and Medical Leave Act of 1993 ("FMLA") since the FMLA was enacted 15 years ago, recently published proposed revisions to the FMLA regulations. These proposed revisions are ... Mon, 03 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2910 On February 22, the Oregon Legislative Assembly passed HB 3619, which will modify the Oregon Business Energy Tax Credit ("BETC"). Based on the bill's overwhelming support in both the House and Senate, it is expected to be signed by the Governor. The ... Wed, 27 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2867 In a decision that may have more relevance to employment attorneys than to their clients, the U.S. Supreme Court recently held that federal trial courts have the discretion to decide whether to admit so-called "me too" evidence in employment discrimination ... Wed, 27 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2864 With the mortgage market fallout, single-family home and condominium sales across the country are taking a hit. Oregon is no exception. Large condo projects in Portland and elsewhere may soon be owned by lenders that financed the projects if the condo ... Tue, 26 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2863 The Internal Revenue Service on January 25, 2008 released a private letter ruling holding that compensation paid under an incentive plan did not meet the requirements of the performance-based exception under section 162(m) of the Internal Revenue Code, ... Wed, 20 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2859 On February 8, 2008, California Public Utilities Commission (PUC) President Michael Peevey issued a proposed decision concerning implementation of California's greenhouse gas emissions legislation, AB 32. The decision recommends a cap and trade program ... Wed, 13 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2858 Late last week Congress passed the Economic Stimulus Package of 2008 (the Act), which President Bush is expected to sign into law this week. Although the proposed extensions of the production tax credit (PTC) and investment-based energy credit were removed ... Tue, 12 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2857 The Washington Department of Ecology ("Ecology") filed a petition on January 17, 2008 requesting that the Federal Energy Regulatory Commission ("FERC") rescind its first ever hydrokinetic license. Issues raised in Ecology's petition are not unique to ... Mon, 11 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2853 Congress yesterday passed the Economic Stimulus Package of 2008 (the Act), which President Bush has indicated he will sign into law. The primary focus of the Act is to provide a 2008 tax credit to individual taxpayers. The amount of this credit generally ... Fri, 08 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2856 Under the Hart-Scott-Rodino Act, companies that are parties to a merger or acquisition of a certain size must provide advance notification to the U.S. Department of Justice and the Federal Trade Commission before the transaction can close. Failure to ... Thu, 07 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2849 President Bush signed new legislation January 28, 2008 expanding the Family and Medical Leave Act ("FMLA"). Under the new law, employers with 50 or more employees must provide up to 26 weeks of leave for family members caring for U.S. service members ... Mon, 04 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2845 A recent Kansas State animal science study shows increased growth of Escherichia coli (E. coli) O157:H7 in feeder cattle fed with distillers grains, which are a co-product of ethanol production. The study may have significant effects on the potential ... Mon, 28 Jan 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2821 This alert summarizes the provisions of Subtitles A and B of Title II of the Energy Independence and Security Act of 2007 ("EISA"), relating to the increased production of biofuels under the Renewable Fuel Standard ("RFS") and funding available to encourage ... Mon, 07 Jan 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2809 Signed by the President on Wednesday as part of the Energy Independence and Security Act of 2007 (the "EISAct"), the Marine and Hydrokinetic Renewable Energy Research and Development Act (the "Act") could provide a significant boost to the development ... Thu, 20 Dec 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2810 On December 19, 2007, the U.S. House of Representatives passed the Tax Increase Prevention Act of 2007, which would provide temporary relief for noncorporate taxpayers subject to the alternative minimum tax (AMT). President Bush is expected to sign the ... Thu, 20 Dec 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2811 This alert summarizes the provisions of Subtitle C of Title II of the Energy Independence and Security Act of 2007 ("EISA"), relating to retail sales of renewable fuels such as E85 or B20. EISA was signed into law December 19, 2007 and takes effect January ... Thu, 20 Dec 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2796 A string of putative class action complaints targeting grocers have been filed across the country. They follow the same pattern and center around the same basic allegation: milk certified as organic under the Organic Foods Production Act of 1990 (the ... Fri, 14 Dec 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2795 This alert refers to an article I published in the November 16, 2007 Daily Journal of Commerce regarding the risks posed by the waiver of consequential damages clause in contracts. Please download the article here (updated copy). Members of the Stoel ... Wed, 12 Dec 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2781 The EPA's final Renewable Fuel Standard (RFS) rules were published May 1, 2007, and became effective September 1, 2007. The rules impose registration and reporting requirements on biofuels producers making transfers of renewable fuels after September ... Mon, 12 Nov 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2779 On Tuesday, November 6, the Minerals Management Service ("MMS") announced plans for an Alternative Energy and Alternative Use ("AEAU") program that would govern the sale of leases for wind, wave and ocean-current developments on the Outer Continental ... Thu, 08 Nov 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2753 The Internal Revenue Service has provided additional time for nonqualified deferred compensation arrangements to comply with the final 409A regulations issued under section 409A of the Internal Revenue Code. Notice 2007-86, issued October 22, 2003, extends ... Fri, 26 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2748 Washington's Department of Labor and Industries (DLI) recently issued some FAQs about Washington's Family Leave Act (see www.lni.wa.gov/WorkplaceRights/files/FamilyLeaveFAQs.pdf) and its interaction with the federal Family and Medical Leave Act (FMLA), ... Tue, 23 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2749 The Oregon Court of Appeals recently held that a corporation’s payment of fees to its directors for their services as directors is subject to Oregon unemployment insurance ("UI"). The decision highlights the fact that a payment that is not treated as ... Tue, 23 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2747 The Internal Revenue Service has published a revenue procedure establishing a safe harbor with respect to allocation of production tax credits from wind energy facilities. Section 45 of the Internal Revenue Code (IRC) provides for a renewable electricity ... Fri, 19 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2746 Two important new Oregon civil rights laws will go into effect on January 1, 2008: the Oregon Equality Act, which prohibits discrimination based on sexual orientation (including gender identity), and the Oregon Family Fairness Act, which establishes ... Wed, 17 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2722 Labor law practitioners have been waiting—in some cases, for years—while the NLRB wrestled with a number of critical issues. With three members of the Board facing the expiration of their terms, expectations mounted for major action. The Board did ... Fri, 05 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2694 Welcome to the latest addition to Stoel Rives' family of legal updates. Through these periodic alerts, we hope to help you anticipate, mitigate and prevent significant food liability claims and threats to your business. Our goal is to help you stay a ... Wed, 03 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2633 The Oregon Public Utility Commission has published proposed Small Generator Interconnection Rules to provide procedures and standards for connecting a small generator facility to a regulated electric transmission and distribution ("T&D") system ... Fri, 28 Sep 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2628 In a groundbreaking ruling on Monday, September 17, the European Court of First Instance reinterpreted the longstanding rules of confidential communications as they are applied to corporations. The Court upheld the European Commission’s determination ... Tue, 25 Sep 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2626 The Internal Revenue Service provided limited relief from the requirement that all deferred compensation arrangements be amended to comply with section 409A of the Internal Revenue Code and the final 409A regulations by December 31, 2007. Notice 2007-78 ... Fri, 21 Sep 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2561 Pressure is building toward increased disclosure by public companies of greenhouse gas ("GHG") emissions and the possible effects of climate change on business. SEC disclosure rules do not require specific disclosure of GHG emission levels or climate-related ... Thu, 20 Sep 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2736 A group made up of A to Z/Rex Hill Winery, Cooper Mountain Vineyards, King Estate Winery, Lemelson Vineyards, Bonneville Environmental Foundation, Climate Trust, Oregon Environmental Council, Oregon Wine Board, Ecos Consulting, Maul Foster & ... Fri, 07 Sep 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2554 On August 22, 2007, the U.S. District Court, Western District of Washington, declared that Treaties reserving tribal rights to take fish impose a duty on Washington State to refrain from diminishing fish runs by constructing and maintaining culverts ... Thu, 30 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2538 The 2007 Oregon legislature adopted HB 2592, which requires withholding of income tax when a "real property interest" located in Oregon is conveyed by a nonresident individual or by a corporation that does not do business in Oregon. Withholding is not ... Mon, 27 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2536 Overview Earlier this summer, the Food and Drug Administration (FDA) issued a final rule establishing current good manufacturing practices (GMPs) for dietary supplement companies. The final rule ends the long effort to establish regulations over the ... Fri, 24 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2735 Oregon Governor Ted Kulongoski held a news conference on August 7 at which he asked members of Oregon's wine industry to participate in the Carbon Neutral Challenge for Oregon Wineries and Vineyards, an effort to have wineries and vineyards become carbon ... Fri, 24 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2535 On August 7, Oregon's Gov. Ted Kulongoski signed landmark climate change legislation to reduce carbon emissions and address the threats of global climate change. The new law, House Bill 3543 ("HB 3543"), sets ambitious goals for reducing greenhouse gas ... Wed, 22 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2510 Everyone is climbing on the "green" bandwagon. Green claims in advertising have exploded. Before you sign on for this ride, you need to know the ground rules. Many green claims are not substantiated, are vague or unqualified, or are just plain misleading. ... Thu, 09 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2505 Under revised net metering rules in Oregon, businesses, schools, and other non-residential customers of Portland General Electric and PacifiCorp will be able to install up to 2 megawatts of onsite electrical generation, such as solar panels, and qualify ... Tue, 07 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2500 The California Public Utilities Commission ("CPUC") has initiated proceedings to begin examining the potential use of renewable energy credits ("RECs") for compliance with California’s Renewables Portfolio Standard ("RPS") which requires utilities to ... Mon, 30 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2494 In a closely watched decision, a federal district court judge ruled recently that chemicals created by the decomposition of raw wood waste in the aquatic environment can create Superfund liability for the owner of the site where the wood waste is located. ... Tue, 17 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2492 As you may know, President Bush recently signed legislation that raises the federal minimum wage for the first time since 1997. Currently $5.15 per hour, the federal minimum wage increases to $5.85 per hour beginning July 24, 2007; to $6.55 per hour ... Mon, 16 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2489 Enrolled House Bill 3186 (the "Act") has been passed by the Oregon legislature. The Act poses significant new restrictions on residential condominium conversions. A copy of the Act is available here. The following is a summary of the essential features ... Tue, 10 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2485 Oregon's courts and lawmakers have always frowned on any requirement that an employee not work for a competitor after the employee quits or is fired. Before the current legislative session, Oregon statute required that, to be enforced, a noncompetition ... Tue, 03 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2481 On June 25, two days before adjourning the session, the Oregon legislature passed HB 3201 to expand the scope of Oregon’s existing Business Energy Tax Credit ("BETC"). Among other changes, the BETC provisions of the bill: Nearly triple the amount ... Mon, 02 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2482 Yesterday the Supreme Court overruled 100 years of antitrust law and held that resale price maintenance agreements no longer constitute a per se violation of the Sherman Act but, rather will now be judged by the "rule of reason." To read the opinion, ... Fri, 29 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2476 Oregon continues to distinguish itself in the renewable energy sector as it breaks ground in the area of biofuels. On June 20, the Oregon legislature passed one of the most aggressive biofuels incentive packages in the United States. It sets renewable ... Tue, 26 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2477 By Beth S. Ginsberg, Michael P. O'Connell, and Barbara D. Craig1 On June 25, 2007, the U.S. Supreme Court issued a 5-4 split decision in National Association of Home Builders v. Defenders of Wildlife, 2007 WL 1801745, that is expected to have far-reaching ... Tue, 26 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2469 On Friday, June 15, Pacific Gas and Electric (PG&E) and Southern California Edison (SCE) filed an Amended Petition to Modify Decision 04-06-014 with the California Public Utilities Commission, seeking to amend the standard terms and conditions ... Thu, 21 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2465 As a result of an Oregon Court of Appeals ruling last week, Oregon employers that fail to provide their nonexempt employees with their paid 10-minute rest breaks may be liable to their employees for unpaid wages under Oregon’s wage and hour laws. In ... Wed, 20 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2468 This Bulletin is meant as general background only and should not be relied upon as legal advice. In all instances, you should consult with a lawyer about your specific circumstances. The United States Patent and Trademark Office (USPTO) recently announced ... Wed, 20 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2454 The Oregon legislature is carving out a new path to the ocean. Several pieces of legislation may facilitate the development of wave energy conversion ("WEC") projects, helping propel Oregon to the forefront of this emerging renewable energy sector. Senate ... Wed, 13 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2452 This morning, the Supreme Court issued its opinion in United States v. Atlantic Research Corporation, 551 US ____ (2007) regarding cost recovery actions under section 107 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). ... Mon, 11 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2448 Washington Governor Christine Gregoire recently signed into law the Insurance Fair Conduct Act, Senate Bill 5726, which sets forth new standards of conduct for insurers in Washington. This new legislation will have significant impact on how carriers ... Fri, 08 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2446 The U.S. Army Corps of Engineers (the "Corps") and the Environmental Protection Agency ("EPA") have issued their long-awaited interagency joint guidance memorandum (the "Memorandum") on the scope of regulatory jurisdiction over wetlands. The Memorandum ... Thu, 07 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2423 The Oregon Legislature has sent a strong signal that Oregon is serious about being a leader in renewable energy by passing one of the most ambitious renewable energy laws in the nation, the Oregon Renewable Energy Act (OREA). Governor Ted Kulongoski, ... Wed, 23 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2418 Click on a link below to jump to the topic of interest: Section 409A Overview Nonqualified Deferred Compensation Subject to Section 409A Equity Compensation Severance Pay Foreign Deferred Compensation Arrangements Initial Deferral Election ... Tue, 22 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2420 by Steven J. Thiele, Douglas J. Steding, and Christopher R. Hermann (Published in The Water Report, May 15, 2007, Issue #39) Over the last 150 years, hundreds of forest products facilities, from small sawmills to large pulp and paper facilities, ... Tue, 22 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2414 On May 10, 2007, the anniversary date of the Mining Law of 1872, House of Representatives Natural Resources Committee Chair, Nick J. Rahall II (D- W.Va) introduced Mining Law Reform Legislation intended to totally revamp the General Mining Law of 1872. ... Wed, 16 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2409 Two significant developments, one by the Washington Legislature and the other by the Ninth Circuit Court of Appeals (with jurisdiction over Oregon and California as well as Washington), have thrown the meaning of 'disability' and what employers are required ... Tue, 15 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2403 Nondiscrimination On Wednesday, May 9, Oregon Governor Ted Kulongoski signed "The Oregon Equality Act" into law. Unless referred to the voters, the new law takes effect January 1, 2008. It prohibits discrimination against persons in employment, housing ... Fri, 11 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2355 On May 3rd, Washington took a major step towards reducing greenhouse gas ("GHG") emissions. Following California’s lead last September, Governor Christine Gregoire signed Substitute Senate Bill 6001 (SSB 6001), which establishes statewide GHG emissions ... Fri, 04 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2321 On April 3, 2007, the IRS issued Notice 2007-37 (the "Notice"), which provides guidance regarding the application of certain tax credit and payment provisions of the Internal Revenue Code (the "Code") to fuels produced by coprocessing biomass and petroleum ... Fri, 20 Apr 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2288 On April 10, 2007, the Department of Treasury issued final regulations regarding the application of section 409A of the Internal Revenue Code ("Section 409A") to nonqualified deferred compensation plans and arrangements. The final regulations, which ... Fri, 13 Apr 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2283 By Beth S. Ginsberg, Barbara D. Craig, and Cherise M. Oram1 On April 9, 2007, the Ninth Circuit Court of Appeals issued a lengthy opinion affirming in its entirety Oregon District Court Judge James Redden’s decision invalidating the National Marine ... Wed, 11 Apr 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2277 Earlier today (April 2, 2007), the U.S. Supreme Court issued its much anticipated decision in Commonwealth of Massachusetts v. EPA, (Commonwealth), the case likely to set the stage for greenhouse gas regulation in the United States. In this narrowly ... Mon, 02 Apr 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2281 Earlier today (April 2, 2007), the U.S. Supreme Court issued its much anticipated decision in Environmental Defense v. Duke Energy, (Duke Energy). This case is the latest and most dramatic turn of events in the longstanding litigation against the coal-fired ... Mon, 02 Apr 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2299 For the "doubting Thomas’s" who wondered whether wind power could ever provide more than a tiny percentage of the generation resource in the Northwest , the newly released NORTHWEST WIND INTEGRATION ACTION PLAN (NWIAP) provides an unequivocal response—there ... Tue, 27 Mar 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6602 ... Mon, 26 Mar 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2300 One of the hottest bills currently being debated in Olympia seeks to bring California-style greenhouse gas ("GHG") emissions reduction legislation to the Northwest. Seeking to implement the Governor's Executive Order 07-02 signed days earlier, Washington ... Thu, 08 Mar 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2396 On February 23, the Tenth Circuit held that (1) the duty of federal agencies to consult under section 7 of the Endangered Species Act ("ESA") is triggered by "affirmative agency action" and (2) Forest Plans already approved by the Forest Service do not ... Fri, 02 Mar 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2301 On Monday, February 26, 2007, the Governors of Washington, Oregon, California, Arizona and New Mexico signed the Western Regional Climate Action Initiative. This memorandum of understanding (MOU) commits the five states to the following three tasks: ... Tue, 27 Feb 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2302 FERC’s long-awaited order reforming its open access transmission tariff ("OATT") rules includes several changes intended to improve transparency of transmission service and address transmission barriers for wind projects. Although FERC has touted the ... Thu, 22 Feb 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2303 In response to public and industry concerns about "site banking" — preliminary permit holders tying up potential sites without the ability to adequately pursue necessary project development during the term of the preliminary permit — FERC issued a Notice ... Tue, 20 Feb 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2332 The Internal Revenue Service has announced a compliance resolution program permitting employers to pay the additional taxes that arise under Section 409A of the Internal Revenue Code due to the exercise in 2006 of certain discounted stock rights. Sometimes ... Wed, 14 Feb 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2331 On December 22, 2006, the SEC made some changes to the executive compensation disclosure rules adopted in July 2006.1 The most significant change is that, instead of reflecting in the Summary Compensation Table the full cost of options and other stock-based ... Mon, 08 Jan 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2304 On December 12, the Ninth Circuit ruled that the Federal Energy Regulatory Commission (FERC) is not required to consult under Section 7 of the Endangered Species Act (ESA) over ongoing operation of a hydroelectric project under an existing 30-year FERC ... Wed, 20 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2378 President Bush today signed into law the Tax Relief and Health Care Act of 2006 (the Act). Some of the more noteworthy tax-related provisions of the Act include: Business-Related Provisions Employers must file a return with the IRS reporting ... Wed, 20 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2305 COMMENTS DUE JANUARY 2, 2007 On December 13, the California Public Utilities Commission (CPUC) issued a proposed decision on the greenhouse gas emissions performance standard under Senate Bill (SB) 1368. SB 1368 bars California load serving entities ... Mon, 18 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2306 Congress late last week passed the Tax Relief and Health Care Act of 2006, H.R. 6408 (the Act), which, among other things, extends the sunset dates for the production tax credit (the PTC) and the energy credit. Some of the noteworthy energy-related provisions ... Tue, 12 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2348 Earlier today, U.S. Deputy Attorney General Paul J. McNulty announced that the U.S. Department of Justice ("DOJ") has revised its corporate charging guidelines for federal prosecutors throughout the country. The new "McNulty Memorandum" (http://www.nacdl.org/public.nsf/whitecollar/wcnews061/$FILE/McNulty.pdf) ... Tue, 12 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2352 HARRIS V. SUNIGA On December 6, 2006 the Oregon Court of Appeals issued a significant ruling in the case of Harris v. Suniga, allowing a subsequent owner of a building to sue a contractor for negligence. The case posed an issue that is often raised ... Tue, 12 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2397 In late November, EPA issued a final rule interpreting the definition of the term "pollutant" under the Clean Water Act (CWA) to exclude pesticides applied in compliance with relevant water quality requirements of the Federal Insecticide, Fungicide and ... Tue, 12 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2398 Oregon Natural Resources Council v. Hallock, No. 02-1650-CO, (D.Or.) has been closely watched by permittees, state environmental agencies, and environmental groups because of its potential to upend the permitting process. ONRC brought this action against ... Thu, 30 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2307 A recent Federal Energy Regulatory Commission (FERC) Order suggests that an interconnection customer may lose its place in the queue when it requests suspension of an interconnection agreement. The Order emphasizes that a transmission provider may consider ... Thu, 16 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2297 Washington voters appear to have approved Initiative Measure No. 937 (I-937), commonly referred to as the renewable portfolio standard (RPS). Although more than 300,000 ballots remain uncounted according to the Secretary of State's office as of publication, ... Mon, 13 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2298 Voters in Washington appear to have approved Initiative Measure No. 937 (I-937), commonly referred to as the renewable portfolio standard (RPS). As of publication, 51.9% of voters favor its adoption with a 61,078 vote spread. 343,396 ballots remain uncounted ... Thu, 09 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2323 Last week, the Ninth Circuit Court of Appeals ruled that claims adjusters for Farmers Insurance are exempt from the overtime requirements of the federal Fair Labor Standards Act ("FLSA"), regardless of the type or size of the claims they handled. In ... Fri, 03 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2309 On September 29, 2006, Governor Schwarzenegger signed Senate Bill 1368, which bars any electric utility (as well as energy service providers and community choice aggregators) from entering into a new ownership investment in baseload generation or a new ... Thu, 26 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2308 On October 20th, FERC issued an order modifying the obligations of electric utilities to purchase power from qualifying facilities (QFs) under the Public Utility Regulatory Policies Act of 1978 (PURPA). Under PURPA, investor-owned utilities are required ... Mon, 23 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2310 On September 27, the Department of Defense ("DOD" or "Department") made public its long-awaited report entitled "The Effect of Windmill Farms On Military Readiness." The report concluded that wind farms located within radar line of sight of an air defense ... Thu, 19 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2324 Section 409A, which was added to the Internal Revenue Code in October 2004, imposes onerous penalties on nonqualified deferred compensation that fails to meet strict new rules. The Internal Revenue Service (IRS) has provided preliminary guidance regarding ... Tue, 10 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2385 On Friday, September 22, 2006, the Environmental Protection Agency (EPA) published a Notice of Proposed Rulemaking (NPR) in the Federal Register outlining a comprehensive, long-term Renewable Fuel Standard (RFS) Program. Congress authorized this program ... Tue, 10 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2357 In Oakwood Healthcare, Inc., the National Labor Relations Board ("the Board") has finally provided much-anticipated guidance on what makes an employee a "supervisor" and therefore exempt from the coverage of the National Labor Relations Act ("NLRA"). ... Thu, 05 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2333 In August 2006, the SEC issued final rules governing disclosure of executive compensation, director compensation, executive compensation arrangements on Form 8-K, related-person transactions, and corporate governance matters. The rules ... Wed, 13 Sep 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2311 An already overheated solar energy market is about to get hotter now that the guidelines for California’s $3.35 billion solar incentive program have been established. Since the announcement of the program in January 2006, with its 3,000 MW goal, solar-grade ... Tue, 29 Aug 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2334 On Wednesday, July 26, the SEC adopted final rule changes regarding disclosure of executive and director compensation, disclosure of related party transactions, director independence and other corporate governance matters, and adding new disclosure requirements ... Fri, 28 Jul 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2335 The practice of “backdating” stock option grants has recently captured the attention of regulators, prosecutors, the plaintiffs’ bar, shareholders and the media. The SEC’s Enforcement Division and the offices of the United States Attorney are investigating ... Mon, 10 Jul 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2312 Comments Due by July 5 As offshore renewable energy projects approach commercialization, questions remain as to which agencies—federal, state, or both—will take the lead in overseeing development and what their roles will be. Since rules and program ... Wed, 28 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2349 On June 26, 2006, Judge Lewis Kaplan of the United States District Court for the Southern District of New York ruled that the government's policy and practice of discouraging corporate employers from advancing legal fees to employees under criminal investigation ... Wed, 28 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2358 In a surprising move, the generally conservative Supreme Court endorsed the generally liberal Ninth Circuit’s expansive definition of retaliation. For employers, the Court’s decision means that plaintiffs’ attorneys will continue to emphasize retaliation ... Fri, 23 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2399 On June 19, 2006 the United States Supreme Court, in a "four-one-four" decision, addressed the extent of Clean Water Act jurisdiction over wetlands adjacent to tributaries of navigable waters. Although the Court vacated the Sixth Circuit's judgment supporting ... Thu, 22 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2359 Be careful not to rely solely on information about an employee that you receive from someone else. Last week another Circuit Court of Appeals officially adopted the "cat's paw" theory of liability in discrimination cases. The Tenth Circuit allowed the ... Wed, 14 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2314 The Federal Energy Regulatory Commission, or FERC, has announced sweeping changes to the Open Access Transmission Tariff ("OATT"), which governs the interstate transmission of electricity by the majority of the nation’s transmission providers. FERC’s ... Tue, 23 May 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2379 President Bush yesterday signed into law the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA) that Congress passed last week. TIPRA extends certain business and individual tax incentives that were set to expire and also contains various ... Thu, 18 May 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2360 In February 2005, we told you about the Oregon Court of Appeals’ decision in Washburn v. Columbia Forest Products, which broadened the Oregon definition of "disability" and required employers to offer reasonable accommodation for medical marijuana users ... Thu, 04 May 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2361 Gender roles have been blurry for years. Women wear pants and men wear earrings. Men wear makeup and women have tattoos. Can the employer lawfully set different standards for each sex? Yes, but be cautious; make sure the burden of complying with your ... Mon, 17 Apr 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2362 A recent decision of the Oregon Court of Appeals dealing with religious discrimination in educational activities may impact private Oregon employers. The court’s new definition of "undue hardship" may require Oregon employers to reasonably accommodate ... Thu, 06 Apr 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2315 Senator Chuck Grassley (R-IA) introduced S. 2401, the "Alternative Energy Extender Act," on March 13, 2006, which would extend a number of energy-related tax incentives. The bill was referred to the Committee on Finance, where no further action has thus ... Thu, 06 Apr 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2316 On March 30, Governor Christine Gregoire signed into law ESSB 6508, establishing one of the most aggressive alternative fuels requirement in the nation. The bill amends and adds new sections to the Motor Fuel Quality Act (19.112 RCW) to require that ... Tue, 04 Apr 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2353 The Internal Revenue Service (IRS) has resolved a longstanding issue of interpretation in favor of owners and developers of alternative energy projects, as well as the states that support those projects through state tax credits. In a revenue ruling ... Thu, 09 Feb 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2363 On Friday, January 27, 2006, the Washington State Legislature amended Ch. 49.60, RCW, Washington’s Law Against Discrimination ("WLAD"), to prohibit discrimination on the basis of "sexual orientation" in addition to previously recognized protected categories ... Mon, 30 Jan 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2737 Owners and operators of Oregon wineries and vineyards are well aware of the significance and potential impact of Measure 37, the land use initiative passed by Oregon voters in November 2004 and currently being challenged in the courts. The following ... Tue, 24 Jan 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2342 Section 409A, which was added to the Internal Revenue Code in October 2004, imposes onerous penalties on nonqualified deferred compensation that fails to meet strict new rules. Although Congress enacted Section 409A in response to well-publicized abuses ... Sun, 01 Jan 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2343 Section 409A, which was added to the Internal Revenue Code in October 2004, imposes onerous penalties on nonqualified deferred compensation that fails to meet strict new rules. Although Congress enacted Section 409A in response to well-publicized abuses ... Sun, 01 Jan 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2344 Section 409A, which was added to the Internal Revenue Code in October 2004, imposes onerous penalties on nonqualified deferred compensation that fails to meet strict new rules. Although Congress enacted Section 409A in response to well-publicized abuses ... Sun, 01 Jan 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2318 On August 8, 2005, President Bush signed into law The Energy Policy Act of 2005 (the "Act"), which adds a number of tax incentives beneficial to the construction industry. Following are brief summaries of some of the most notable provisions of the Act: ... Fri, 11 Nov 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2364 The U.S. Supreme Court ruled yesterday that under the Portal-to-Portal Act amendments to the Fair Labor Standards Act (the "FLSA"), employees must be paid for the time after putting on ("donning") and before taking off ("doffing") unique protective clothing. ... Tue, 01 Nov 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2336 On September 29, 2005, the Department of the Treasury issued long-awaited proposed regulations regarding the application of Section 409A of the Internal Revenue Code to nonqualified deferred compensation plans. The proposed regulations incorporate much ... Sat, 01 Oct 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2347 This bulletin advises you of some of the changes that are expected to affect litigation of preference claims after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Act") becomes effective next week. The changes discussed in this ... Sat, 01 Oct 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2319 RENEWABLES PORTFOLIO STANDARD In 2002, California enacted Senate Bill (SB) 1078, establishing the California Renewables Portfolio Standard (RPS) program. Among the most aggressive such programs in the United States, SB 1078 requires 20% of utility ... Tue, 27 Sep 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2386 The Energy Policy Act of 2005 (the "Act") has been signed into law by President Bush. The Act addresses at length the construction and operation of electric transmission facilities. Some of the more important provisions include: Transmission Infrastructure ... Fri, 02 Sep 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2337 In August, the FASB staff stated that the grant date used for measuring the fair value of options for purposes of FAS 123(R) did not occur until the material terms of the grant had been communicated to the optionee and there was a "mutual understanding" ... Thu, 01 Sep 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2338 Any company already subject to FAS 123(R), or voluntarily expensing options under FAS 123(R), should review its procedures for making and communicating option and other equity grants. At a recent meeting with national audit firms, the FASB staff stated ... Wed, 17 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2380 The Energy Policy Tax Incentives Act of 2005 (the "Act"), which passed both houses of Congress late last week as part of the larger Energy Policy Act of 2005 and is expected to be signed by the President shortly, contains a number of tax incentives relating ... Mon, 15 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2387 The Energy Policy Act of 2005 was signed into law by President Bush on August 8, 2005, in a ceremony in New Mexico. The U.S. House of Representatives and the Senate passed the Act by votes of 275-156 and 71-29, respectively, prior to adjourning for the ... Mon, 15 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2388 The Energy Policy Act of 2005 (the "Act") has been signed into law by President Bush. The Act contains a number of provisions of importance to the geothermal industry. Some of the most notable geothermal provisions include: PRODUCTION TAX CREDIT EXTENSION ... Mon, 08 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2389 The Energy Policy Act of 2005 (the "Act") has been signed into law by President Bush. The Act includes important benefits for producers of ethanol, and for the biomass industry in general. Some of the most notable ethanol and biomass provisions include: ... Mon, 08 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2390 The Energy Policy Act of 2005 (the "Act") has been signed into law by President Bush. The Act repeals the longstanding Public Utility Holding Company Act of 1935 ("PUHCA"). The Act also amends the Public Utility Regulatory Policies Act of 1978 ("PURPA") ... Mon, 08 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2392 Stoel Rives has obtained a full-length copy of the Bureau of Land Management’s (the "BLM") strategic plan for its geothermal program (the "Strategic Plan"). With approximately 90 percent of the United States’ geothermal resources located on federal lands, ... Tue, 26 Jul 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2381 The deadline for filing Form TD F 90-22.1for 2004 is June 30, 2005. Under the law, as changed by the American Jobs Creation Act of 2004 (the "Jobs Act"), persons failing to file Form TD F 90-22.1 face new and increased penalties. Who Must File Form ... Fri, 24 Jun 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2345 A new law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("Act"), enhances protection of retirement plan benefits in bankruptcy and provides new restrictions on the ability of employers to retain key employees while in ... Wed, 01 Jun 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2365 In Gonzales v. Raich, the U.S. Supreme Court upheld the constitutionality of the federal Controlled Substances Act (the "CSA"), which, among other things, prevents the possession, purchase, or manufacture of medical marijuana. The CSA contradicts the ... Wed, 01 Jun 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5424 The Center for Biological Diversity ("CBD") has recently petitioned the U.S. Fish & Wildlife Service ("FWS") to list the polar bear (Ursus maritimus) on a global basis as a "threatened" species subject to the protections of the Endangered Species ... Wed, 01 Jun 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2393 NEW RULE WOULD OFFER TO PROVIDE LOW-COST HOURLY FIRMING FOR WIND GENERATION RESOURCES. RUN-OF-RIVER HYDROELECTRIC GENERATION AND SOLAR GENERATION ALSO MAY BENEFIT. On April 14, 2005, the Federal Energy Regulatory Commission issued a proposed rule designed ... Tue, 19 Apr 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2339 On April 14, 2005, the Securities and Exchange Commission announced the adoption of a new rule that extends the compliance dates for FASB No. 123R, Share-Based Payments, which relates to stock option expensing. The new rule allows companies to implement ... Mon, 18 Apr 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2350 On February 18, 2005, President Bush signed the Class Action Fairness Act of 2005. The Act passed the Senate and House with some vocal opposition, but a clear majority of the votes, in less than a month. The swift passage of the Act was surprising, given ... Fri, 01 Apr 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2366 The Washington Supreme Court has recently provided guidance to employers contemplating arbitration agreements with their employees. In Zuver v. Air Touch Communications and Adler v. Fred Lind Manor, the Court concluded that agreements requiring arbitration ... Tue, 01 Mar 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2367 Effective March 10, 2005, all employers, regardless of size, must post notice to all employees of their rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The new posting requirements were signed into law ... Tue, 01 Mar 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2368 Washburn v. Columbia Forest Products In January, the Oregon Court of Appeals issued its first interpretation of Oregon’s Medical Marijuana Act. However, of potentially greater significance to employers is the court’s redefinition of "disability" under ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2369 Labor and employment laws continue to change. To keep you up to date, we are providing summaries of recent changes to: Policies requiring women to wear makeup Disclosures required in order to use consumer reports The scope of "employer unit" ... Sat, 01 Jan 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2340 IRS Notice 2005-1, issued December 20, 2004 (www.irs.gov/pub/irs-drop/n-05-01.pdf) provides the first published guidance for compliance with new section 409A of the Internal Revenue Code in a process that will continue into 2005. The IRS has identified ... Thu, 30 Dec 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2341 By now you are likely aware of the new law, the American Jobs Creation Act of 2004, that changes the tax rules for non-qualified deferred compensation, effective January 1, 2005. The new law makes sweeping changes and also raises many questions. The ... Wed, 15 Dec 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2370 Last week, a Washington Supreme Court decision changed that state’s law on noncompetition agreements. This Bulletin summarizes the Washington changes and the current law on restrictive covenants in Oregon, California, Idaho and Utah. Practice Tip--Employers ... Wed, 01 Dec 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2382 Congress last week passed the so-called "Civil Rights Tax Relief" provision as part of the American Jobs Creation Act of 2004, HR 4520. The bill presently is awaiting President Bush’s signature. Assuming that the bill is signed, the provision will provide ... Tue, 19 Oct 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2383 On October 11, 2004 the Senate passed the American Jobs Creation Act of 2004 (the "Act"), which passed the House on October 7. The Act, which is expected to be signed into law by President Bush, significantly expands the availability of the production ... Wed, 13 Oct 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2384 On October 4, 2004, Congress overwhelmingly passed the Working Families Tax Relief Act of 2004 (WFTRA). The provisions of WFTRA that are getting the most media attention involve extensions of the 10% income tax bracket for individuals, "marriage penalty" ... Tue, 05 Oct 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2394 Key members of Congress reportedly have agreed to an extension of the production tax credit ("PTC") through December 31, 2005. According to latest reports from Congress, the extension would be retroactive for facilities placed in service during the first ... Thu, 23 Sep 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2395 In GeneralInvestors and developers have been able to significantly improve the economics of wind power projects by "monetizing" the federal production tax credit ("PTC"). There are a number of transaction structuring alternatives to achieve this, although ... Wed, 01 Sep 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2371 Congressional Amendments, State Law Cloud DOL's New Rules The Department of Labor's new overtime rules announced in April were summarized in April's Client Alert. The new rules, which are slated to take effect August 23, 2004, may be curtailed by two ... Tue, 01 Jun 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2372 On June 2, 2004, the Washington Supreme Court declined to review White v. Salvation Army, 118 Wn.App. 272 (Div.1, Sept. 8, 2003), the first Court of Appeals’ decision to address the meaning of the term "rest break" as required by WAC 296-126-092. That ... Tue, 01 Jun 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2373 The new Fair Labor Standards Act ("FLSA") overtime exemption regulations went into effect on Monday, August 23, 2004. For employers in Oregon, California and Washington state, the impact of the new regulations is minimal. For employers in other states ... Thu, 01 Apr 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2374 General Dynamics Land Systems, Inc. v. Cline (Decided 2/24/04) On February 24, 2004, the U.S. Supreme Court handed down its decision in General Dynamics Land Systems, Inc. v. Cline, No. 02-1080. The decision holds that the federal Age Discrimination ... Mon, 01 Mar 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2375 What's in This Alert? Changes to FCRA Requirements for Employer Investigations New Leave Laws in Oregon and California for Crime Victims Ninth Circuit Case Law Update: Peterson v. Hewlett-Packard NEW ACT ELIMINATES PRIOR FCRA REQUIREMENTS ... Sun, 01 Feb 2004 00:00:00 GMT