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|Minnesota Governor Vetoes Bill on Electric Cooperative Disputes|
Eversheds Sutherland (US) LLP;
March 24, 2017, previously published on March 23, 2017Minnesota Governor Mark Dayton vetoed a bill that would have removed the Minnesota Public Utility Commission’s authority to settle certain electric utility disputes between cooperatives and coop customers, including billing disputes regarding customer installation of renewable energy sources....
|Colorado Senate Passes Autonomous Vehicle Bill|
Eversheds Sutherland (US) LLP;
March 24, 2017, previously published on March 24, 2017The Colorado Senate has passed a bill establishing a general framework for autonomous vehicle regulation. The draft legislation, Senate Bill 213, requires driverless vehicles to be “capable of complying with every state and federal law” applicable to the vehicle. Non-compliant vehicles...
|Delaware Chancery Court Affirms Fundamental Right of Shareholders to Remove Annually Elected Directors By Majority Vote Despite Supermajority Voting Threshold in Bylaws|
Ron S. Berenblat, Andrew M. Freedman, Steve Wolosky; Olshan Frome Wolosky LLP;
March 24, 2017, previously published on February 6, 2017We are often asked by our activist clients whether the organizational documents of a corporation and applicable state law allow shareholders to remove directors with or without cause and whether a majority or supermajority vote is required to effect such removal. These are important questions to...
|The Trump Administration's First Week|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
March 22, 2017, previously published on January 2017As reported previously (see Freeze on Regulations), Mr. Trump’s Chief of Staff, Reince Priebus, on January 20, 2017, issued a Memorandum requiring, among other things, that all federal agencies postpone the effective date of all regulations published in the Federal Register but not yet...
|Executive Order Aims to Roll Back Clean Water Rule|
Lisa M. Bruderly, Angela M. Kilbert; Babst Calland;
March 22, 2017, previously published on March 3, 2017On February 28, 2017, President Donald Trump signed an executive order, Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States Rule” (the Order), directing his administration to withdraw and reconsider the Clean Water Rule (the Rule), 80...
|Established Evidentiary Standards for Special Exception Applications|
March 22, 2017, previously published on February 24, 2017The Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101, et seq., (MPC), the state law establishing the framework for zoning and land use development regulations in Pennsylvania, authorizes a municipality to adopt a zoning ordinance containing provisions permitting uses of land by...
|Early Moves in Trump Administration Reduce Regulation, Rouse Environmental Groups|
Keith J. Coyle, Joseph K. Reinhart; Babst Calland;
March 22, 2017, previously published on March 8, 2017This is the first in a series of Administrative Watch alerts to assist in understanding the significant regulatory actions arising out of the Trump administration, and the effect of legal challenges to those actions by environmental groups.
|The Act 142 Amendments and Altered Landscape of the Pennsylvania Mechanics’ Lien Law for Oil and Gas Construction Projects|
Esther S. Mignanelli, David E. White; Babst Calland;
March 22, 2017, previously published on March 10, 2017The Pennsylvania Mechanics’ Lien Law, 49 P.S. § 1101 et seq, provides contractors a powerful legal remedy for recovering payment owed for work performed on a construction project; they can impose a lien against the property on which their work was performed, clouding the owner’s...
|What To Do About ACA Reporting|
W. James Hamilton; Bose McKinney & Evans LLP;
March 21, 2017, previously published on February 2, 2017I have been advising employers to wait until February 1, 2017 before starting work on the 2016 1094 and 1095 forms. My hope was that, based upon all of the campaign rhetoric, the ACA reporting obligations would either be further delayed or repealed during the first couple of weeks of the Trump...
|Executive Order Issued Regarding Affordable Care Act on January 20, 2017|
Bose McKinney Evans LLP;
March 21, 2017, previously published on January 21, 2017Text of President Trump’s Executive Order: ‘Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal’
Signed on Jan. 20, 2017. “To the maximum extent permitted by law, the Secretary of Health and Human Services and the heads of all...