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 […]
Dirt Alert
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 […]
Nebraska Supreme Court Holds Probate Recording Preserves Mineral Rights
With the expansion of oil, gas, and mineral exploration, understanding mineral rights and claims is ever more important. A “severed” mineral interest occurs where the owner of the surface of the land is different from the owner of the minerals within the land. In such instances, Nebraska’s Dormant Mineral Statutes […]