The Future of High-Rise is Localized and Responsive
August 26, 2019 —
Aarni Heiskanen - AEC BusinessBy 2050, 70 percent of world’s population of almost 10 billion people will live in urban areas. The presenters at the High Rise – Northern Exposure seminar envisioned how high-rise construction will meet the requirements of urbanization, and what technologies have to offer to builders and users today.
A line-up of high-rise specialists shared their insights with a keen audience in Otaniemi, Finland, on June 25, 2019. The conference was a co-operation between The Glass Performance Days (GPD) 2019, Aalto University, and the Glass Innovation Institute.
Peter Smithson of BG&E Facades and Kimmo Lintula of Aalto University co-hosted the event.
After welcoming words from Jorma Vitkala, the chairman of GDP, the first four presentations were by architects; one from the USA, two from Finland, and one from Australia.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Zero-Net Energy Homes Costly Everywhere but at the Electric Meter
August 27, 2013 —
CDJ STAFFOn one hand, your walls are about nine inches thick. On the other hand, your heating and cooling costs are nonexistent. Greenhill Contracting is building “zero-net energy” homes in New Paltz, New York. The homes are designed to create more power than they consume. In addition to the walls, which WDTN News describes as “castle thick,” the homes include solar panels, triple-glazed windows, and geothermal heating and cooling systems. The cost for a three-bedroom home in this development starts at about $400,000.
Meritage Homes is offering net-zero as an option on its homes. Based in Arizona, Meritage builds homes across the country. Another national builder, Shea Homes, calls its net-zero option “SheaXero,” and has built about a thousand in four western states and in Florida. One Arizona homeowner notes that she runs her air conditioner constantly, but “I still have never paid more than $18 and some change.” Sometimes she even gets a credit.
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The Pandemic, Proposed Federal Privacy Regulation and the CCPA
November 02, 2020 —
Heather Whitehead - Newmeyer DillionThe U.S. Senate Committee on Commerce, Science and Transportation met recently to discuss considerations for implementing federal privacy laws. Not surprisingly, the main impetus to reevaluate a federal framework is the ongoing COVID-19 pandemic with the greatly increased reliance on online working and school arrangements, as well as the need to share personal information for contact tracing and other efforts to weaken the pandemic.
While federal regulation of personal information has been proposed in the past, there are a few key issues that still remain unresolved. One is enforcement of the regulations. The issue is whether enforcement should be handled by the Federal Trade Commission or if the establishment of a new federal authority is needed to enforce privacy requirement violations. Other key outstanding issues include pre-emption of state rights and whether any regulations should include a private right of action.
Given that the California Consumer Privacy Act of 2018 (CCPA) is the most stringent state regulation addressing data privacy in the United States, California Attorney General Xavier Becerra participated as a witness in the recent Senate Hearing. He shared his opinions as to both federal pre-emption and the need for a private right of action. He recommended that the committee preclude federal regulation from pre-empting state laws, including the CCPA. He noted that individual states are in a better position to adapt and keep up with technological innovation, and that some states have also already implemented thorough privacy protections, such as Mississippi and Washington. With respect to the private right of action, he admitted his office can only do so much to enforce these regulations amongst California’s huge population of businesses and residents. His belief is that individual consumers need the ability to pursue their own remedies in court.
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Heather Whitehead, Newmeyer DillionMs. Whitehead may be contacted at
heather.whitehead@ndlf.com
A Survey of New Texas Environmental and Regulatory Laws Enacted in the 88th Session (Updated)
August 28, 2023 —
Anthony B. Cavender & Alexandra Trahan - Gravel2Gavel Construction & Real Estate Law BlogThis is a brief survey of many of the environmental and regulatory laws passed by the Texas Legislature and signed by the Governor in the 88th Regular Session of the Legislature, which ended in May 2023, although a special session has been called to address lingering matters. Altogether, more than 1,000 laws were enacted in this session, including a surprising number of water-related environmental bills.
Water
HB1565 relates to the functions of the Texas Water Development Board and continuation and functions of the State Water Implementation Fund for Texas Advisory Committee.
Effective 9.1.23.
HB1699 relates to the authority of the Evergreen Underground Water Conservation District to impose certain fees.
Effective 6.9.23.
HB1845 amends Section 37 of the Water Code to add Section 37.0045 relating to the licensing requirements for certain operators of wastewater systems and public water systems.
Effective 9.1.23.
Reprinted courtesy of
Anthony B. Cavender, Pillsbury and
Alexandra Trahan, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com
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ENR Northwest’s Top Contractors Survey Reveals Regional Uptick
June 25, 2019 —
Scott Judy - Engineering News-RecordA year ago, the 25 contractors responding to ENR Northwest’s Top Contractors survey collectively reported roughly $6.4 billion in 2017 revenue from the states of Washington, Oregon and Alaska. This year, the 27 contractors listed below—in alphabetical order—reported more than $8.8 billion in regional revenue for 2018.
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Scott Judy, ENRMr. Judy may be contacted at
judys@enr.com
Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax
April 22, 2019 —
Anthony B. Cavender - Gravel2GavelOn February 15, the U.S. Court of Appeals for the Fourth Circuit decided Norfolk Southern Railway Co. v. City of Roanoke, et al.; the Chesapeake Bay Foundation was an Intervenor-Defendant. The Fourth Circuit held that a large stormwater management fee (stated to be $417,000.00 for the year 2017) levied by the City of Roanoke against the railroad to assist in the financing of the City’s permitted municipal stormwater management system was a permissible fee and not a discriminatory tax placed on the railroad.
The Railroad Revitalization and Regulatory Reform Act of 1976 specifically provides that states and localities may not impose any tax that discriminates against a rail carrier, 49 U.S.C. § 11501. Accordingly, the issue confronting the Fourth Circuit was whether the assessment was fee and not a tax.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
Federal Judge Strikes Down CDC’s COVID-19 Eviction Moratorium
March 29, 2021 —
Zachary Kessler, Amanda G. Halter & Adam Weaver - Gravel2Gavel Construction & Real Estate Law BlogA federal judge in Texas has declared the Centers for Disease Control and Prevention (CDC) eviction moratorium unconstitutional, holding that Article I’s power to regulate interstate commerce and enact laws necessary and proper for such regulation does not include the power to suspend residential evictions on a nationwide basis. While the court stopped short of issuing immediate injunctive relief, instead relying on the CDC to “respect the declaratory judgment” and withdraw the Order, the court stated that such relief would be available if the government does not comply with the decision. With this ruling, the most significant prohibition on residential evictions for nonpayment of rent is likely to be lifted, and many residential evictions halted or delayed under the Order may begin in earnest. While additional tenant protections remain in certain locales, this federal ruling increases the likely rate and pace of residential eviction activity across the country.
The CDC Eviction Moratorium was a nationwide order enacted under the Trump Administration in an effort to reduce the adverse economic impacts of the ongoing COVID-19 pandemic on residential tenants, and as a public health measure to prevent displacement of individuals into living situations conducive to the spread of the COVID-19. The Order allowed tenants facing eviction due to financial strains caused by the pandemic to certify in writing to their landlord that they are unable to pay full rent and that eviction would likely lead to homelessness or force the individual into unsafe congregate or shared living quarters. The CDC issued the order under its emergency pandemic powers under the Public Health Service Act. Initially in effect through December 31, 2020, the Order was subsequently extended through March 31, 2021.
Reprinted courtesy of
Zachary Kessler, Pillsbury,
Amanda G. Halter, Pillsbury and
Adam Weaver, Pillsbury
Mr. Kessler may be contacted at zachary.kessler@pillsburylaw.com
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com
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Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation
September 17, 2014 —
Tred R. Eyerly – Insurance Law HawaiiThe Eighth Circuit refused to retroactively apply an Arkansas statute establishing coverage for faulty workmanship. J-McDaniel Const. Co., Inc. v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 14911 (8th Cir. Aug. 4, 2014).
The homeowners sued J-McDaniel for faulty workmanship in constructing their home. The defective construction work was performed by subcontractors. Mid-Continent refused to defend or indemnify J-McDaniel.
The insured sued Mid-Continent. The district court dismissed the claim pursuant to Essex Ins. Co. v. Holder, 261 S.W. 3d 456, 460 (Ark. 2008). In Essex, the Arkansas Supreme Court held that defective workmanship resulting in damages only to the work product itself was not an occurrence. Although The Arkansas legislature overruled Essex by statute, the district court found that the Arkansas case law barred retroactive application of the statute.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com