Stoel Rives LLP (LexBlog United States)

2642 results for Stoel Rives LLP (LexBlog United States)

  • Inflation: The Elephant in a Construction Dispute or Contract Negotiation

    Inflation has spared no part of the U.S. economy, but the construction market in particular is feeling its effects, and it is crucial that owners , contractors, and design professionals be cognizant of the risks presented by inflation and aware of and understand the options to mitigate them. In my latest column for the Daily...

  • FERC Proposes Broad Reforms to Interconnection Process

    At its June 16, 2022, open meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued a notice of proposed rulemaking (NOPR), Improvements to Generator Interconnection Procedures and Agreements, 179 FERC ¶ 61,194 (2022), proposing reforms to the Commission’s standard generator interconnection procedures and agreements.  The goal of the NOPR is to reduce queue backlogs...

  • California Releases Its Draft Deployment Plan for Federal Funding Under the National Electric Vehicle Infrastructure (NEVI) Program

    The California Energy Commission (CEC) hosted a workshop on Tuesday, June 14 to discuss its recently issued (June 10) proposal to deploy federal electric vehicle (EV) infrastructure funding under the NEVI Program authorized by President Biden’s federal infrastructure bill signed into law late last year.[1] The CEC held the workshop in conjunction with the California...

  • MSHA Announces New Initiative to Enforce Silica Dust Standards

    Last week, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced a new initiative to strengthen enforcement of its current respirable crystalline silica standards.  Crystalline silica is a common mineral found in sand, stone, concrete, and other materials.  When disturbed by cutting, grinding, or crushing, it becomes airborne and respirable, capable of...

  • Alaska Gets a Boost from Oil

    In my latest column for State Tax Notes, I outline the impacts rising oil prices are having on the Alaska economy and the state’s citizens, the accomplishments and tasks ahead of the Legislature as it passes the midway point in its regular session, and the fall prognostication by the Department of Revenue for revenue in...

  • The California Public Utilities Commission Issues Proposed Decision on New Resource Adequacy Framework

    On May 20, 2022, the California Public Utilities Commission (CPUC or Commission) issued a proposed decision (PD) that would, among other things, adopt Southern California Edison’s (SCE) 24-hour-slice proposal as the new resource adequacy (RA) framework applicable to load-serving entities (LSEs) under the CPUC’s jurisdiction.  Generally, the proposal would require each LSE to show that...

  • Updated FERC Guidance on Qualifying Facility Certifications

    FERC issued two notable orders this spring in Irradiant Partners, LP (Docket No. EL22-8-000) and Dalreed Solar (Docket No. QF20-1037-002) that provide further guidance on qualifying facility (QF) certifications.  Here are the key takeaways: QF Re-Certifications Should Be Filed Before or At the Time of a Material Change: FERC’s regulations do not contain specific guidance...

  • California Supreme Court Extends Employees’ Rights to Waiting-Time Penalties and Other Damages

    On May 23, 2022, the California Supreme Court issued its highly anticipated ruling in Naranjo v. Spectrum Security Services and decided two critical questions: first, whether an employee is entitled to “waiting time penalties” for unpaid premium pay, and second, whether employers are required to report premium pay on their employees’ wage statements. As all...

  • California Energy Commission Discusses Draft Report on Offshore Wind

    On May 18, 2022, the California Energy Commission met to discuss its draft report to evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and establish megawatt offshore wind planning goals for 2030 and 2045. The report is the first of three interim work products that...

  • Commission Ruling Reopens the NEM 3.0 Record to Invite Comment on and Consider Limited Issues

    In its first move since hitting “pause” on the California Public Utilities Commission’s (Commission) consideration of a controversial December 2021 proposed decision (Proposed Decision or PD) that would have overhauled the existing net energy metering (NEM) tariff for California’s solar customers, the presiding administrative law judge (ALJ) issued a ruling on May 9 to reopen...

  • Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

    The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s temporary impairment can qualify as a disability under the Americans with Disabilities Act (“ADA”). The Ninth Circuit’s decision resolves an important...

  • Construction Law Updates, Public Works Issues, and Judicial Perspectives on Litigation in an Evolving Courtroom

    On June 10, I will be co-chairing and my colleague Colm Nelson will be a panelist during the annual mid-year WSBA Construction Law Section CLE.  This program is a full-day webinar presented by the WSBA in partnership with Stoel Rives and will cover construction law updates, public works issues, and judicial perspectives on litigation in an...

  • Looking Back — and Ahead — After Two Years of a Pandemic

    In my column for the Daily Journal of Commerce from two years ago, I wrote that proceeding with ongoing or planned construction was not without impact or risk tied to COVID-19, and I provided a checklist for owners, designers and contractors to help them decide whether to continue a project or start a new one...

  • BOEM Launches Process for Offshore Wind Leasing in Oregon

    Today, Bureau of Ocean Energy Management (BOEM) Director Amanda Lefton announced a Call for Information and Nominations (Call) to assess commercial interest in potential offshore wind leasing within two areas off the Oregon coast.  Together, the two areas total 1,158,400 million acres located at least 12 miles offshore Coos Bay and Brookings, respectively.  Once the...

  • Spring Cleaning for your Oregon Leave Law Policies

    As Oregon’s April 2022 snowstorm becomes a distant memory, it’s time for some spring cleaning of employer leave policies. There are two recent changes that may require updates to your employee handbook.  Oregon Paid Sick Leave—Expanded to Account for Evacuation Orders, Poor Air Quality, and Heat.  BOLI recently adopted, effective April 1, 2022, a rule...

  • Construction Project Scheduling & Delay Claims CLE — Seattle

    On May 6, 2022, I will be presenting as part of The Seminar Group CLE seminar Construction Project Scheduling & Delay Claims, which you can attend in Seattle or online. Intended for architects, attorneys, contractors, engineers, and municipal and government employees, the seminar will cover critical-path schedule and delay concepts and legal concepts and strategies...

  • California Court of Appeal Removes Another Arrow from The Quiver of Employers

    On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal for the Fourth District created a split in authority when they held that wage-and-hour lawsuits brought under California’s Private Attorneys General Act cannot be dismissed on manageability grounds.  This decision directly contradicted the holding in Wesson v. Staples the...

  • State Water Board Receiving Limited Comments on Its Proposed Reissuance of the Statewide NPDES Construction Stormwater General Permit; Will Consider Adoption At July 19, 2022 Meeting

    The State Water Resources Control Board (“Water Board”) is now receiving public comments on certain components of its revised proposed statewide National Pollutant Discharge Elimination System (“NPDES”) Construction Stormwater General Permit (“Construction Stormwater General Permit”). The first draft Construction Stormwater General Permit was released by the Water Board on May 28, 2021, following

  • 9th Circuit Ruling Halts Prop 65 Acrylamide Lawsuits, Again

    The food and beverage industry received good news this month thanks to a ruling from the U.S. Court of Appeals for the Ninth Circuit that weakens recent carcinogen claims. The court reinstated an injunction against the filing or prosecution of new California Proposition 65-based lawsuits related to acrylamide in food and beverage products. The ruling confirms that...

  • Another Risk Management Tool for Private Owners in a Volatile Construction Market

    Traditionally, private owners of construction projects have not considered bonds — either payment or performance bonds by the general contractor — because of the additional cost and because they felt confident that the contractors and their subcontractors, suppliers and vendors on their projects would meet the obligations of the contract terms. However, in today’s volatile...

  • BOEM Announces Offshore Wind Call Areas in Oregon and Historic Lease Sale in the New York Bight

    On Friday February 25, the Biden administration continued its push to achieve 30 GW of offshore wind by 2030 when the Bureau of Ocean Energy Management (BOEM) announced three Call Areas for the development of floating offshore wind in federal waters off the Oregon coast.  The Call Areas, located 13.8 miles off the coast of...

  • How to Know When Bidding Practices Cross the Line

    An unfortunate side effect of growing economic stimulus and infrastructure spending is an environment that encourages unethical and illegal bidding practices. In my latest article for the Daily Journal of Commerce, I look at several categories of such practices and provide some strategies for firms to reduce their prevalence. Read the full article here. Originally...

  • California Provides Employees with Another Bucket of COVID-19 Supplemental Paid Leave

    California Provides Employees with Another Bucket of COVID-19 Supplemental Paid Leave On February 9, 2022, California Governor Gavin Newsom approved Senate Bill 114 (“SB 114”), which entitles most California employees to a new bucket of COVID-19 supplemental paid sick leave.  The law will go into effect on February 19, 2022. California’s prior law entitling workers...

  • Managing Engineering Liability and Risk in Oregon

    On February 25, 2022, my colleague Zachary Davis and I will be presenting as part of a HalfMoon Education live interactive webinar Managing Engineering Liability and Risk in Oregon. Zachary will present “Law of Engineering Malpractice,” an overview of professional liability claims. I will present “Understanding How Contracts Can Shift, Reduce (or Increase) Risk,” an...

  • Alaska Proposes New Surface Coal Mining Regulations

    The Alaska Department of Natural Resources (DNR) has issued a notice of proposed amendments to the regulations regarding surface coal mining in Title 11 of the Alaska Administrative Code (AAC). The DNR proposes to implement program amendments from the federal Office of Surface Mining Reclamation and Enforcement required to maintain the state’s primacy over the...

  • Oregon Health Authority Announces Sunset Date for Indoor Mask Requirements

    On February 7, 2022, the Oregon Health Authority (“OHA”) announced that it would lift the general state-wide indoor mask requirement no later than March 31, 2022. Per the OHA, the mask requirement for schools will also lifted by March 31, in coordination with the Oregon Department of Education (“ODE”). The OHA is basing its decision...

  • 2021 Alaska Legislative Sessions Run From ‘Frenzy to Fizzle’

    In my latest column for State Tax Notes, I outline several bills to increase taxes introduced during the 2021 sessions of the Legislature, and discuss the status of the government’s repayment of rebatable tax credits, two packets of regulations promulgated by the DOR, and a preliminary revenue forecast issued by the DOR for 2022. The...

  • COVID-19 Vaccine and Mask Mandates – Comparison of Select States

    On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the table, there are still a host of COVID rules that employers must comply with. Stoel Rives has created an interactive map...

  • California Supreme Court Provides Clarity on Which Standard to Use for Retaliation Cases

    On January 27, 2022, the California Supreme Court in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), addressed the issue of which standard courts must use when analyzing retaliation claims brought under California Labor Code section 1102.5. In requesting that the California Supreme Court answer this question, the...

  • Every Construction Project Comes With Risk, but It Can Be Managed

    In my latest article for the Daily Journal of Commerce, I provide a few suggestions for contractors, and perhaps project owners as well, to manage risk through a construction contract. Provisions that can be included in a contract to achieve that end might include: The owner limits its potential claims to direct damages and waives...

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