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 […]
Publications
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 […]
CFPB Exercises Authority to Censure “Abusive” Practices; More Enforcement Actions Pending
The Consumer Federal Protection Bureau (CFPB) recently settled an abusive practices enforcement action with American Debt Settlement Solutions, Inc. (ADSS), a Florida for-profit corporation. The settlement marks the first time the CFPB has exercised its new authority to censure “abusive” practices in addition to those that are deemed unfair or […]
CFPB Issues New Guidance On Debt Collection Practices
The Consumer Financial Protection Bureau (“CFPB”) has issued two new bulletins designed to provide guidance on what conduct by creditors and debt buyers (collectively, “debt owners”) and debt collectors may be deemed unfair, deceptive, or abusive acts or practices, and what representations regarding a consumer’s credit score, credit report or […]
Amendments to UCC Article 9: FAQs on Filings Following the July 1, 2013 Transition
In 2010 the Nebraska legislature adopted amendments to Article 9 of the Uniform Commercial Code (the “Amendments”). To preserve the effectiveness of pre-Amendment records and to allow secured parties to bring affected records into compliance with the new requirements, the Amendments provide rules for an orderly transition. The transition rules […]