Despite lack of media attention, a recent decision of the United States Supreme Court poses historic impact on land use permitting across the United States. The U.S. Supreme Court recently handed property owners and developers a significant win, ruling that a Florida government agency violated a landowner’s constitutional rights by […]
Dirt Alert
EPA Targets Animal Confinement Operations for Criminal Enforcement
A recent alert from the United States Environmental Protection Agency announced a national enforcement initiative targeting animal waste pollution from livestock and poultry operations for criminal prosecution. Traditionally, the EPA and state agencies have been hesitant to initiate criminal actions in Concentrated Animal Feeding Operations (“CAFO”) cases absent strong evidence […]
Nebraska Supreme Court Upholds Credit Provision of Nameplate Capacity Tax
The Nebraska Supreme Court has upheld the credit provision of the Nameplate Capacity Tax applicable to wind energy generation facilities against challenges that it is unconstitutional. Banks v. Heineman, 286 Neb. 390 (2013). This ruling means that all privately-developed, utility-scale wind energy generation facilities in the state will be treated […]
Compliance Training—Not Just 15 Minutes Anymore
Gone are the days when compliance training could be dispensed through a 15-minute video. The heightened enforcement atmosphere makes it increasingly likely that your program, office or facility will be audited or the subject of an unannounced onsite government investigation. During such investigations, employees are commonly asked compliance questions […]
Nebraska Court of Appeals Affirms Finding for Breach of Implied Warranty
The Nebraska Court of Appeals recently affirmed a district court holding that flawed construction caused water damage to a home and breached an implied warranty to perform in a workmanlike manner. Oettinger v. Hiatt, 2013 Neb. Ct. App. Lexis 17. In 2004, the Hiatts constructed a house in North Platte […]