Rulemaking to Modernize, Expand DOI’s “Type A” Natural Resource Damage Assessment Rules Expected Fall 2023
December 23, 2023 —
Amanda G. Halter, Jillian Marullo & Ashleigh Myers - Gravel2Gavel Construction & Real Estate Law BlogThe U.S. Department of the Interior (DOI) anticipates proposing a new rule that would revise its “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in Fall 2023. The proposed rule would modernize DOI’s rarely used simplified Type A procedures for assessing damages for natural resource injuries tailored at sites involving minor releases of hazardous substances, with a smaller scale and scope of natural resource injury occurring in either coastal and marine areas or Great Lakes environments (the “Type A Rule”). (See 88 Fed. Reg. 3373; see 43 C.F.R. Pt. 11 Subpt. D.) The Type A Rule was last updated in 1997.
DOI previewed the proposal in January 2023 in its Office of Restoration and Damage Assessment’s (ORDA)
Advanced Notice of Proposed Rulemaking (ANPR). In the ANPR, the ORDA surmised that the Type A Rule was rarely used in part because of its restricted scope, but also because “the model equation for each Type A environment is the functional part of the rule itself—with no provisions to reflect evolving toxicology, ecology, technology, or other scientific understanding without a formal amendment to the Type A Rule each time a parameter is modified.” Calling the existing rule “inefficient and inflexible,” the ORDA stated that its proposal to reformulate the rule “as a procedural structure” would “modernize the Type A process and develop a more flexible and enduring rule than what is provided by the two existing static models” (88 Fed. Reg. 3373).
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Jillian Marullo, Pillsbury and
Ashleigh Myers, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
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Virginia Families Hope to Sue over Chinese Drywall
October 10, 2013 —
CDJ STAFFAlthough Virginia isn't in the Fifth Circuit of the U.S. Court of Appeals, some Virginia homeowners ended up with a case there. And now the court has to decide whether Taishan Gypsum Co. Ltd. can be sued in American courts for defects in its products. The case made its way to Louisiana after the courts consolidated cases from across the country. If the court decides that the homeowners can’t sue, they could appeal to the Supreme Court, although that’s likely a longshot. Or, the homeowners could sue in the Chinese courts, also not likely.
More than 300 homes in Virginia are affected by fumes from the Chinese-made drywall, but only seven residents in the town of Hampton Roads are at the heart of the current case. They were chosen as representative of the entire group. Those seven have been collectively awarded $2.6 million, but the drywall manufacturer is appealing the judgement. If Taishan is victorious, then the damages already awarded will be overturned and there won’t be an option for the others.
The drywall emitted gases which corroded metals in the homes. One couple, Steve and Liz Heischober went through seven air conditioning coils in three years, along with problems with corrosion of appliances and electrical systems. If the current suit succeeds, the Heischobers, and the other, will be compensated for their damages, including the costs of repair and relocation. If Taishan loses, they could be responsible for about $1 billion.
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Idaho Business Review Names VF Law Attorney Brittaney Bones Women of the Year Honoree
July 31, 2023 —
VF LawMeridian, Idaho: June 23, 2023 –
VF Law, a full-service law firm with offices across the Pacific Northwest and the Southwest, is pleased to announce that associate
Brittaney Bones has been recognized as an honoree for the 2023 Idaho Business Review Women of the Year Awards. The distinguished recognition celebrates 50 female leaders across Idaho who have made their mark while continuing to pave the path of leaders for the future.
When reviewing the applications, the judges considered excellence in leadership and a willingness to advance mentorship opportunities among the other considerations. In her work with the Community Associations Institute (CAI) Idaho, Bones currently serves as Vice Chair for the Legislative Action Committee. She monitors state legislation coming out of Boise. Accordingly, Bones seeks to educate lawmakers specifically on how pending legislation will affect the lives of people living and working throughout the Gem State. She also mentors students at the College of Idaho and has donated her time to the Rock Bottom Foundation, which provides meals to the unhoused.
Bones’s other accolades include an International Law Writing Award from Davis Wright Tremaine (DWT) for her 2020 article “Potential Solutions to Concerns over the Treatment of U.S. Investment in China: The Need for a U.S.-China Bilateral Investment Treaty.” She frequently speaks at CAI events, helping to prepare her fellow legal professionals for challenges in the field—and those yet to come.
About VF Law
VF Law is a full-service, multi-state law firm. At VF, we believe that experience and knowledge are crucial; that’s why every attorney on our staff maintains a high level of expertise to ensure client success. VF possesses unmatched experience in providing HOA guidance, planning for healthy buildings from the ground up, helping small businesses and corporations run smoothly, handling real estate transactions and disputes, creating wills and trusts, and more. Visit www.vf-law.com.
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Denver Council Committee Approves Construction Defects Ordinance
October 28, 2015 —
Beverley BevenFlorez-CDJ STAFFAccording to The Denver Post, the Denver City Council panel advanced a proposed construction defects ordinance proposal 5-0. While “Mayor Michael Hancock and development and business interests…say protections for homeowners have depressed construction” others, such as “homeowner groups[,] have opposed the proposal vocally.”
The Denver Post reported that under the ordinance, “a project could not be called defective in a civil action if it was built and maintained in conformance to the building code. Building code violations could be cited in a lawsuit only if they could be linked to actual damage or injury. And it would take the consent of a majority of condo unit owners to initiate a defects lawsuit.”
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Florida Condos Bet on Americans Making 50% Down Payments
October 29, 2014 —
John Gittelsohn – BloombergJorge Perez crashed along with the real estate market, then regained his crown as Florida’s “Condo King” by building new projects with 50 percent deposits from foreign buyers. Now, for his next development, he’s looking to wealthy Americans.
In December, he’ll begin marketing the Auberge Beach Residences and Spa Fort Lauderdale, a $500 million oceanfront project 35 miles (56 kilometers) north of Miami. He expects as many as two-thirds of the buyers to come from the U.S. or Canada. All future owners must pay hefty deposits to finance construction by Perez’s Related Group, Fortune International Group and Fairwinds Group in a partnership that the companies plan to announce tomorrow.
“The U.S. buyers have made up an increasing share of luxury beachfront condominiums and, like our foreign buyers, they have shown little resistance to larger deposits,” Perez said in an e-mail. “Most feel that if they can’t put a 50 percent down payment, they probably should not be buying.”
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John Gittelsohn, BloombergMr. Gittelsohn may be contacted at
johngitt@bloomberg.net
Combating Climate Change by Reducing Embodied Energy in the Built Environment
December 02, 2019 —
Brent Trenga - Construction ExecutiveThe building and construction industry is a significant consumer of non-renewable energy resources and is contributing to changing the earth’s environment in damaging and irreversible ways. These impacts are being felt in climate-related shifts that include increases in the earth’s average temperature and rising sea levels.
A new report by NASA and the National Oceanic and Atmospheric Administration shows that 2018 was the fourth-hottest year since 1880, the earliest year for which reliable global temperature data is available. The three hottest years on record were 2015, 2016 and 2017.
Additionally, the rise in sea levels is causing “nuisance floods” to become more common. From the 1950s to the early 2000s, the days of flooding in the 27 most vulnerable cities across the United States grew from two per year to nearly 12.
These and other environmental impacts underscore the urgency of battling climate change and how critical it is for all industries—including construction—to stem the tide on this issue.
Reducing embodied energy in the built environment is one way the building and construction sector can do its part to address one of the major challenges of this century.
Reprinted courtesy of
Brent Trenga, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Mr. Trenga may be contacted at
brent.trenga@kingspan.com
Insured Fails to Provide Adequate Proof of Water Damage Through Roof
December 10, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court granted the insurer's motion for summary judgment due on the insured's claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024).
Unity Church alleged that it suffered a sudden and accidental direct physical loss to its church. Wind damage to the roof of the church allowed rainwater to leak into the sanctuary of the church. Notice was given to Church Mutual Insurance Company, but coverage was denied.
Unity Church filed suit alleging breach of contract. Church Mutual answered and asserted a counterclaim for a declaratory judgment that the water damage to the church was outside the policy's coverage because the damage was caused by rain. Church Mutual filed for summary judgment.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act
January 10, 2018 —
Adam E. Lang - Real Estate Litigation BlogArizona’s Constitution gives electors in cities, towns, and counties the ability to refer legislation that was enacted by their local elected officials to the ballot for popular vote. Ariz. Const. art. IV, Pt. 1 § 1(8). But only legislative acts are referable; administrative acts are not. In general, a legislative act makes new law and creates policy, is permanent in nature, and is generally applied. On the other hand, an administrative act is one that executes and implements a law already in place. Wennerstrom v. City of Mesa, 169 Ariz. 485, 489-90, 821 P.2d 146, 150-51 (1991).
For more than fifty years, Arizona courts have been clear: zoning and rezoning ordinances are legislative acts and therefore referable to popular vote. City of Phoenix v. Fehlner, 90 Ariz. 13, 17, 363 P.2d 607, 609 (1961) (holding that “what constitutes an appropriate zone is primarily for the legislature”); Fritz v. City of Kingman, 191 Ariz 432, 432, 957 P.2d 337, 337 (1998) (noting “we reaffirm our view that zoning decisions are legislative matters subject to referendum”); Pioneer Trust Co. of Arizona v. Pima Cty., 168 Ariz. 61, 64–65, 811 P.2d 22, 25–26 (1991) (holding “that, in Arizona, zoning decisions are legislative acts subject to referendum” and that even a “conditional approval of . . . rezoning was a legislative act”); Cottonwood Dev. v. Foothills Area Coal. of Tucson, Inc., 134 Ariz. 46, 653 P.2d 694 (1982) (analyzing whether zoning referendum complied with statutory requirements); Wait v. City of Scottsdale, 127 Ariz. 107, 108, 618 P.2d 601, 602 (1980) (noting “that the enactment and amendment of zoning ordinances constitute legislative action”); City of Phoenix v. Oglesby, 112 Ariz. 64, 65, 537 P.2d 934, 935 (1975) (“The matter of zoning is appropriately one for the legislative branch of government.”); Queen Creek Land & Cattle Corp. v. Yavapai Cty. Bd. of Sup’rs, 108 Ariz. 449, 452, 501 P.2d 391, 394 (1972) (denying an attempt to enjoin referendum on county’s zoning decision).
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Adam E. Lang, Snell & WilmerMr. Lang may be contacted at
alang@swlaw.com
