April 23, 2013 11:25 AM | Posted by Huynh, Hong |
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On April 4, 2013, the Fourth Circuit Court of Appeals issued the first appellate decision interpreting the "bona fide prospective purchaser" ("BFPP") defense. The BFPP defense exempts certain qualified individuals and entities from the stringent federal environmental cleanup liability imposed under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") . . . read more
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April 5, 2013 12:18 PM | Posted by Hossaini, Kelly |
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In an October 16, 2012, blog entry, we noted that the Oregon Court of Appeals reversed an inverse condemnation award against the Oregon Department of Transportation ("ODOT"). On March 28, 2013, the Oregon Supreme Court has allowed a petition for review in an appeal of Hall v. ODOT, A146386, October 3, 2012. On review the issues are . . . read more
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April 2, 2013 10:01 AM | Posted by Rubenstein, David |
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In Lakey v. Puget Sound Energy, Inc., No. 87679-7 (Wash. 2013), the Supreme Court of Washington put power companies on notice that electromagnetic radiation could receive greater scrutiny in Washington courts, but the case also opened a back door for pre-existing uses . . . read more
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March 25, 2013 11:30 AM | Posted by Hossaini, Kelly |
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At what point does a local government lose its ability to withdraw a decision that has been appealed to the Land Use Board of Appeals ("LUBA")? It has long been clear that under ORS 197.830(13)(b) a local government can, as of right, obtain from LUBA a voluntary remand of a decision after a notice of intent to appeal has been filed, but before the date set for filing the record. But what about after that date . . . read more
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March 1, 2013 9:41 AM | Posted by Bremer, LeAnne |
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A Washington Court of Appeals had harsh words for the sellers of a house who concealed rot damage and did not disclose the defect to the buyers, calling their acts reprehensible. Yet in Douglas v. Visser, decided on February 25, 2013, the court ruled that the sellers were not liable for these acts, were entitled to 18 percent interest on the amounts due, and could recover their attorney fees in defending the buyers' claims . . . read more
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February 14, 2013 12:03 PM | Posted by Esler, Brian |
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Washington enacted its Underground Utilities Act, known as the Call Before You Dig law, in 1984, and now every state in the nation has enacted a similar law. The law, in all states, generally provides that anyone excavating must call the 811 utility-locate hotline before digging begins to have all utilities located and marked . . . read more
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February 7, 2013 8:56 AM | Posted by Miller, Jeff |
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Autonomous (driverless) cars are already on the road. As of August 2012, Google test vehicles had logged over 300,000 accident-free miles. Intel and Google leaders predict that these cars will be available to the general public in the next five to ten years . . . read more
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February 6, 2013 9:10 AM | Posted by Esler, Brian |
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In a unanimous decision, the Washington Supreme Court held last week that an owner's lawsuit against its general contractor (GC) was timely filed because the parties had agreed in their contract when such claims would be deemed to accrue . . . read more
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January 30, 2013 11:05 AM | Posted by Hossaini, Kelly |
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Ensuring a ready supply of industrial land is an important part of maintaining and encouraging family wage jobs and new economic activity in the state . . . read more
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January 25, 2013 10:12 AM | Posted by Canaday, Richard |
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I propose to start a discussion about climate change, its causes and effects, the uncertainties in our understanding of the causes and effects, what might be done to mitigate its effects, and how business might claim the promise of the new technology that will be needed . . . read more
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