Stoel Rives LLP

Stoel Rives is a leading U.S. corporate and litigation law firm. One of the largest national firms focused on energy, natural resources, climate change and the environment, Stoel Rives also serves the agribusiness, food and beverage, health care, life sciences, real estate and construction, and technology industries. With more than 350 attorneys operating out of 10 offices in seven states and the District of Columbia, Stoel Rives is a leader in regulatory and compliance matters, and business, labor and employment, land use, and intellectual property law.

Stoel Rives LLP Blogs

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Alcoholic Beverages Law

California Environmental Law

Food Liability Law

Global Privacy & Security Blog

Restructuring Debt Review

World of Employment

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Latest from Stoel Rives LLP

Ahead of Schedule

Warning Signs that a Contractor May Be Overextended

By Sean Gay

February 26, 2020

If you are involved in the construction industry, like it or not risk management is part of your job. From home office executives to workers in the field, each person is expected to manage schedule, cost, and safety risks. While these risks are common, the recent prolonged period of economic growth has created new challenges, one of which is managing the risk of taking on larger or more projects than you can handle. In my…

Mineral Law

Coming Attractions: Section 45Q Carbon Sequestration Guidance, Part II

By Eric Martin

February 26, 2020

The IRS’s much anticipated new guidance (here and here) for Section 45Q carbon sequestration tax credits was rather anticlimactic in that it focused on just two of the many issues for which the IRS had solicited comments in May 2019. Largely patterned after existing IRS guidance for renewable energy tax credits, the new guidance addressed (1) Section 45Q’s requirement that facility construction commence before January 1, 2024, and (2) tax credit allocation within…

Ahead of Schedule

An Owner’s Guide to Accessibility Claims in Washington

By Karl Oles & Loni Hinton

February 26, 2020

When owners engage architects and accessibility consultants to design their projects, they naturally expect good design, but they must also be sure the design provides all users with the practical ability to use and enjoy the end result. Civil rights acts such as the ADA and Fair Housing Act were enacted to provide certain protected classes equal protection with regard to housing and places of public accommodation. Neglecting to correctly identify the applicability of such…

Global Privacy & Security Blog

Utah Considers a Cybersecurity Safe Harbor as Ransomware Runs Riot

By Romaine Marshall

February 25, 2020

Last year the FTC mandated what an organization’s written cybersecurity program should include to avoid being deemed “unfair and deceptive” to consumers,[1] and this year California consumers whose personal information is compromised may file lawsuits against organizations that failed to implement “reasonable security.”[2] But several states provide legal safe harbors to organizations with written cybersecurity programs. Now, Utah is considering joining them. Under House Bill 158, referred to as the Cybersecurity Affirmative Defense…

California Environmental Law

SWRCB Releases Draft Implementation Guidance Regarding the Procedures for Discharges of Dredged or Fill Material

By Melissa Foster, Mike Mills & Lauren Neuhaus

February 24, 2020

On February 14, 2020, the State Water Resources Control Board (SWRCB) published Draft Guidance for the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Draft Guidance). The Draft Guidance pertains to the SWRCB’s adoption of a State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures) that were approved by the California Office of…

Renewable + Law

CFTC Proposed Rule Benefits Certain Financially-Settled Offtake Arrangements

By Kate D’Ambrosio & Bo Harvey

February 21, 2020

On February 20, 2020, the Commodity Futures Trading Commission (CFTC) unanimously approved a proposed rule that would revise certain reporting requirements for financially-settled offtake contracts that qualify as “swaps” under the Commodity Exchange Act (as amended by the Dodd-Frank Act), such as proxy revenue swaps, fixed-volume price swaps and certain virtual PPAs. Many counterparties to these kinds of agreements — such as project companies that sell renewable energy – are considered “end-users” under Dodd-Frank, and,…

California Environmental Law

DTSC and SWRCB Release Draft Supplemental Vapor Intrusion Guidance

By Melissa Foster, Lauren Neuhaus & Mike Mills

February 21, 2020

On February 14, 2020, the State Water Resources Control Board (SWRCB) and the California Department of Toxic Substances Control (DTSC) issued a public notice regarding the release of Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (Draft Guidance) that supplements existing vapor intrusion guidance issued in 2011. The Draft Guidance is now available for public review and comment. Comments are due by 12:00pm on April 30, 2020.…

California Environmental Law

CalGEM’s Public Health Rulemaking Workshops

By Mike Mills & Lauren Neuhaus

February 18, 2020

The California Geologic Energy Management Division (“CalGEM”), formerly known as the Division of Oil, Gas, and Geothermal Resources (“DOGGR”), is actively working on revising its regulations to better align its regulatory mandates with the new goals of Assembly Bill 1057, which requires CalGEM to focus on protecting public health and the environment, and less on efficient and effective oil and gas production. The scope and extent of these regulatory changes may have far-reaching consequences for…

Ahead of Schedule

Design-Build Lite – Construction Contracts with D-B Components

By Colm Nelson

February 18, 2020

For most in the industry, when we think about a standard construction contract, we envision the construction documents being drafted by the architect and other design consultants. We tend to view the project as design-price-build, unless an alternative procurement mechanism has been selected such as design-build. Consistent with this design-price-build model, the contractor’s review of the design is ordinarily not to identify errors and omissions or violations of law in the design, but purely to…

World of Employment

California Supreme Court Clarifies What Constitutes “Hours Worked” Under California Law

By Bryan Hawkins

February 18, 2020

In Amanda Frlekin v. Apple Inc., No. S243805 (Feb. 13, 2020), the California Supreme Court responded to a request by the United States Court of Appeal for the Ninth Circuit to answer the following question: Is time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices voluntarily brought to work purely for personal convenience by employees compensable as “hours worked” within the meaning of [California…

Stoel Rives LLP

Stoel Rives LLP Blogs

Blog Authors

Warning Signs that a Contractor May Be Overextended

Coming Attractions: Section 45Q Carbon Sequestration Guidance, Part II

An Owner’s Guide to Accessibility Claims in Washington

Utah Considers a Cybersecurity Safe Harbor as Ransomware Runs Riot

SWRCB Releases Draft Implementation Guidance Regarding the Procedures for Discharges of Dredged or Fill Material

CFTC Proposed Rule Benefits Certain Financially-Settled Offtake Arrangements

DTSC and SWRCB Release Draft Supplemental Vapor Intrusion Guidance

CalGEM’s Public Health Rulemaking Workshops

Design-Build Lite – Construction Contracts with D-B Components

California Supreme Court Clarifies What Constitutes “Hours Worked” Under California Law

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