Category Archives: Legislation

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Tax Credits for Wind and Solar Facilities Under the Republican Tax Plan

On Thursday, Nov. 2, 2017, the House Republicans unveiled their long-awaited tax plan, which was introduced as a Bill (H.R. 1) entitled the “Tax Cuts and Jobs Act” (the “Act”). While the Act has yet to be passed by the House, and it is likely to change in the legislative process, it contains proposals affecting … Continue Reading

Buckle Up for a Wild Ride: Environmental Policy in the Trump Administration

Millions of Americans are coming to grips with the broad social and political ramifications of Donald Trump’s stunning upset victory in last Tuesday’s presidential election. And while the president-elect’s policy pronouncements to date have been short on detail, one thing is clear: those concerned with environmental protection and climate change had better buckle up for … Continue Reading

New York State Regulator Finalizes Definitions Under Amended Brownfield Program Relating to Eligibility For Tangible Property Credits For New York City Brownfield Projects

On July 29, the Department of Environmental Conservation (DEC) adopted a new rule for the Brownfields Cleanup Program (BCP) to effectuate the brownfield amendments passed by the Legislature last year. Under amendments to the BCP passed in connection with the executive budgeting process, the Legislature sought to limit the availability of certain tangible property tax … Continue Reading

Federal Regulatory and Administrative Law Issues Impacted by Recent Supreme Court Decisions

As the Supreme Court’s new term begins, it will be considering several cases that could have a significant impact on cases involving the Administrative Procedure Act and other federal regulatory litigation. What follows is a summary of last term’s APA-related decisions followed by a preview of two cases currently on the Court’s docket for the … Continue Reading

New rules governing communications with certain Mexican government officials

This GT Alert provides information regarding the publication of the General Guidelines for government officials that participate in government contracts and issuance of licenses, permits, authorizations and concessions. The federal government in light of certain recent events in Mexico is trying to reduce conflicts of interest and corruption in connection with government contracts, licenses, permits … Continue Reading

OSHA Significantly Reduces Exposure Limits to Beryllium and its Compounds

The Occupational Safety and Health Administration (OSHA) proposes to amend its existing exposure limits for occupational exposure in general industry to beryllium and beryllium compounds and to promulgate a substance-specific standard for general industry regulating occupational exposure to beryllium and beryllium compounds. In a proposed rule published on Aug. 7, 2015, OSHA  proposes a new  … Continue Reading

New Florida Statute Codifies U.S. Supreme Court Ruling in Koontz and Provides Relief Against ‘Extortionate’ Exactions

We wrote here previously about the U.S. Supreme Court ruling in the “takings” case of Koontz v. St. Johns River Water Management District in 2013, which was an appeal by a property owner from an adverse ruling of the Florida Supreme Court with respect to permit conditions requiring off-site mitigation work.    The U.S. Supreme … Continue Reading

New York Lawmakers Agree on Brownfield Law Extension With Less Drastic Changes to Tax Credits

In a departure from his budget proposal, the Legislature negotiated changes with the Governor to extend the tax credits for New York’s Brownfield Cleanup Program (BCP) with relatively modest changes to BCP eligibility requirements.  The Governor’s budget proposal would have limited the lucrative “tangible property” tax credit, which is the credit based on a percentage … Continue Reading

2014 Voters Address State, Local Infrastructure Funding Proposals

Written by Robert S. Brams, Alais L. M. Griffin‡, Jennifer R. McEwan˘, Jamey L. Tesler and David Veator. On Nov. 4, 2014, voters across the country addressed a series of state and local infrastructure funding proposals that will have substantial ramifications for transportation and infrastructure finance in many major states. As these results will impact the … Continue Reading

Miami-Dade County Extends Period for Public Comment Regarding Proposed Amendments to the Wellfield Protection Ordinance

As we previously reported, on May 24, 2014, Miami-Dade County opened a period for receipt of public comments regarding its proposal to amend the County’s Potable Water Supply Wellfield Protection Ordinance and associated maps for the Northwest Wellfield and the West Interim Wellfield protection areas. The County has extended the comment period. The new deadline for … Continue Reading

New 2-Year Statutory Extension for Certain Florida Environmental & Development Permits

By the adoption of CS/HB 7023, (Click Here for a copy of the pertinent section of Bill),  the Florida Legislature has again authorized a new 2-year extension of permits issued by the Florida Department of Environmental Protection and water management districts and building permits,  including local government-issued development orders or certificates of level of service. The … Continue Reading

Koontz-Inspired State Legislation Would Expand Supreme Court’s Ruling in Permitting Context

Companion bills (H.B. 1077 and S.B. 1310) have been filed in the Florida Senate and House  that would prohibit local governments from imposing permit conditions or “development exactions” on a project that extend “beyond the direct impact of a proposed development.”  This legislation builds upon the U.S. Supreme Court’s ruling in Koontz v. St. Johns River Water … Continue Reading

UPDATE: U.S. Department of Transportation Issues Emergency Order Requiring Additional Testing and Stricter Rail Transportation Requirements for Crude Petroleum

Just days after issuing a stringent, yet confusing Emergency Order on the transportation of petroleum crude oil by rail, the United States Department of Transportation (DOT) issued a superseding Amended Emergency Order, dated March 6, 2014, which backtracks and reduces the stringency of its original February 25, 2014 Emergency Order. In its Amended Order, DOT … Continue Reading

U.S. Department of Transportation Issues Emergency Order Requiring Additional Testing and Stricter Rail Transportation Requirements for Crude Petroleum

Any person who offers petroleum crude oil for transportation or who transports bulk petroleum crude oil by rail must comply with a new Emergency Order issued by the United States Department of Transportation (DOT) on February 25, 2014. The Order is effective immediately and is just one of the actions that DOT has taken in … Continue Reading
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