Publications

The EPA started enforcing the Clean Water Rule: Definition of “Waters of the United States” (the “Rule”) in some states on August 28, 2015. The Clean Water Act (the “Act”) applies to “navigable waters,” which the Act defines as “the waters of the United States, including territorial seas.” The Rule […]

Kobza v. Bowers, 23 Neb. App. 118 (2015). The Kobzas (“Kobza”) and Bowerses (“Bowers”) owned adjacent residential lots, and a drainage way passed through the properties. Kobza’s basement flooded, and he installed a dewatering well with an outflow pipe connected to another pipe running underneath the Bowers property, discharging water […]

Dowd Grain Co. v. Sarpy Cnty., 291 Neb. 620 (2015). The Nebraska Supreme Court upheld the constitutionality of an overlay zoning ordinance that exempts properties platted before the effective date of the ordinance. In doing so, the court rejected a non-exempt landowner’s claim that the ordinance is unconstitutional. In March […]

McGill v. Lion Place Condo. Ass’n, 291 Neb. 70 (2015). Paul McGill and Michael Henery developed the Lion Place Condominium (“Lion Place”) in Omaha, Nebraska. They recorded a Declaration of Condominium Property Regime (the “Declaration”) for Lion Place that established twelve residential units, four commercial units, common elements, and limited […]

The August 3, 2015 ruling in Kane ex rel. United States et al. v. Healthfirst et al. is the first judicial interpretation of the 60-day rule under the federal False Claims Act. Many seminar hours have been spent among health lawyers as they sought to understand what it would take […]