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2013 Articles

Natural Resources & Mining Ninth Circuit Ruling in Center for Biological Diversity v. Salazar Creates Tension Between Federal and California Law Regarding Idle Mines and Interim Management Plans

As reported earlier this week in the California Land Use Blog, the recent Ninth Circuit Court of Appeals decision in Center for Biological Diversity v. Salazar allowed a uranium mine on federal lands in Arizona to re-open after being idled for seventeen years absent any new federal approval or supplemental environmental review. This decision is […]

Ninth Circuit Upholds BLM’s Decision to Allow Uranium Mine — Idled for Seventeen Years — to Reopen Without a New Plan of Operations or Supplemental NEPA Review

On February 4, 2013, a Ninth Circuit Court of Appeals panel issued a ruling in Center for Biological Diversity v. Salazar holding that a mine idled for seventeen years could restart operations without obtaining a new approval from the Bureau of Land Management (BLM) or conducting additional environmental review. The Ninth Circuit’s ruling is notable […]

Litigation Lenders: Beware of the “Two-Dollar Bankruptcy”

Lenders: Beware of the “Two-Dollar Bankruptcy” by Matthew Kenefick Most lenders usually only involve legal in problematic or highly-complicated transactions; otherwise, business would grind to a halt. Most loan documents are created using form software or are reused from prior transactions. The unwary lender, however, may inadvertently create an enforcement trap. Even with careful underwriting, […]

Corporate JMBM Retail Alert: Collecting Customer Information Online

Collecting Customer Information Online California Supreme Court Rules Song-Beverly Credit Card Act Inapplicable to Digital Downloads by Robert E. Braun, Esq. In an opinion issued on February 4, 2013, the California Supreme Court (by a narrow 4-3 majority) resolved one of the burning questions in the Song-Beverly Credit Card Act, California Civil Code § 1747 […]

Litigation Anticipating And Avoiding ESI Problems

Anticipating And Avoiding ESI Problems by Matthew Kenefick Not always, but often enough to matter, electronically stored information (“ESI”) problems can be expensive and transform a modest lawsuit into a major dispute. Many times, however, ESI problems can be minimized by identifying the issues early on. Attorneys commonly work with their clients to institute a […]