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Posted on October 13, 2015 by Ruder Ware Alumni
Various challenges to the Clean Water Rule, issued by the EPA and the Corps of Engineers on June 29, 2015, and effective August 28, 2015, have been consolidated by the Judicial Panel on Multi-District Litigation in the Sixth Circuit Court of Appeals. On October 9 the Sixth Circuit issued a stay of enforcement of the […]
Posted on October 13, 2015 by Ruder Ware Alumni
I. Introduction The terms “waters of the United States” and “navigable waters of the United States” are two separate definitions applied by the United States Army Corps of Engineers (“Corps”) in different contexts pursuant to different statutes. Let’s suppose you want to construct a hydroelectric plant. A fundamental concern would be whether the newly constructed […]
Posted on September 9, 2015 by Ruder Ware Alumni
There are numerous pending lawsuits challenging the EPA and Corps of Engineers’ “Waters of the United States” (WOTUS) Rule. The Rule took effect in thirty-seven states on August 28, 2015, after proceedings in three of these lawsuits. The explanation lies in procedural intricacy. Under the Clean Water Act (“CWA”), original jurisdiction to challenge a rule […]
Posted on August 10, 2015 by Ruder Ware Alumni
Posted on July 27, 2015 by Sara J. Ackermann
On July 15, 2015, the U.S. Department of Labor (“DOL”) released an administrative interpretation that addresses the standard under the Fair Labor Standards Act (“FLSA”) for properly classifying workers as employees or independent contractors. While there has been a great deal of buzz surrounding this release, specifically over the DOL’s statement that “most workers are […]
Posted on July 21, 2015 by Ruder Ware Alumni
Harassment and discrimination in the workplace continue to be evolving areas of law. In most U.S. jurisdictions, the rules seem to be fairly well-established as fair and balanced for both employer and employee. However, when the right case comes along, the balance can shift, and new standards can be adopted that favor one party over the […]
Posted on July 7, 2015 by Sara J. Ackermann
By now you probably have heard that the U.S. Department of Labor (DOL) has issued a “proposed rule and request for comments” regarding overtime eligibility. For those of you who want to chat intelligently about this topic at cocktail parties—but would prefer not to read the entire 295-page proposal—we offer the following FAQ: What is […]
Posted on June 19, 2015 by Ruder Ware Alumni
Ruder Ware is pleased to announce the addition of Shaughnessy Murphy to our Eau Claire attorney team. Shaughnessy advises clients on a wide variety of business transactional matters, including the organization of business entities; financing, sale and acquisition transactions; and related matters. He also assists clients who are involved in general business litigation matters. Prior […]
Posted on May 26, 2015 by Ruder Ware Alumni
This article reviews the second of three important U.S. Supreme Court cases that examine the jurisdictional reach of the Clean Water Act (“CWA”) by interpreting the definition of the “waters of the United States.” The first case was United States v. Riverside Bayview Homes, Inc., 474 U.S. 121 (1985) (“Riverside Bayview”), where the Court held […]
Posted on May 4, 2015 by Mary Ellen Schill
The Internal Revenue Service today announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2016. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions – Self-only HDHP 2015 – $3,350 2016 – $3,350 Limit on HSA Contributions – Family HDHP 2015 – $6,650 2016 […]