The 2013 Utah legislative session saw a record number of bills passed, with Republicans sponsoring the vast majority. Key issues addressed included education funding, air quality, and workforce readiness. Controversial bills concerning guns, taxes, trails and eminent domain failed to pass. Upcoming interim studies may examine product liability, telecom taxes, and other issues. Business groups are advised to stay informed and engaged to protect their interests as future legislation is considered.
Legislative Update: New Legislation and Political Developments Affecting Empl...Parsons Behle & Latimer
The document summarizes a presentation on employment law updates from the 2012 Utah legislative session. It discusses new bills passed relating to employment, including reducing unemployment insurance rates and allowing wellness program premium reductions. Key issues studied for potential 2013 legislation included E-Verify, injured worker benefits, and anti-discrimination protections. The presentation urged attendees to get involved in the legislative process to influence issues affecting their businesses.
Presented in Salt Lake City, this lecture offered participants an overview of the legislation and appropriations that were passed during the General Session of the 2012 Utah Legislature.
The 2014 Utah Legislative Session: The Interesting, The Ordinary and What to ...Parsons Behle & Latimer
This document summarizes and analyzes the 2014 Utah legislative session. It discusses key issues addressed like air quality, election reform, and healthcare. It outlines the partisan composition of the legislature and bill passage rates. Additionally, it identifies expected issues for 2015 like Medicaid expansion, education funding, and potential business-related topics. The purpose is to inform clients and friends of the law firm about recent legislative activities and important issues.
Legislative Update: New Legislation and Political Developments Affecting Empl...Parsons Behle & Latimer
Each January through March, the Utah Legislature meets to discuss and enact laws that have a significant impact on employers. This presentation discusses the laws affecting employers that were enacted during the 2012 Session, the issues that will likely be discussed in the upcoming year, and how to get a "seat at the table."
The 2014 Utah Legislature: What Happened in 2014 and How to Protect Your Inte...Parsons Behle & Latimer
This document summarizes Mike Bailey's presentation to the Real Estate Mastermind Group about the 2014 Utah Legislature session and how real estate professionals can protect their interests in 2015. Some key points from the 2014 session include air quality being a major issue, the passage of the "Count My Vote" bill, and health care related bills around autism and cannabis oil. Bailey provides statistics on bill introduction and passage. He outlines issues that may arise in 2015 like title insurance and water rights. The presentation emphasizes relationship building and working with groups like trade associations to influence legislation. Bailey explains how his firm assists clients in navigating the legislative process.
The 2013 Utah legislative session saw a record number of bills passed, with Republicans sponsoring the vast majority. Key issues addressed included education funding, air quality, and workforce readiness. Controversial bills concerning guns, taxes, trails and eminent domain failed to pass. Upcoming interim studies may examine product liability, telecom taxes, and other issues. Business groups are advised to stay informed and engaged to protect their interests as future legislation is considered.
Legislative Update: New Legislation and Political Developments Affecting Empl...Parsons Behle & Latimer
The document summarizes a presentation on employment law updates from the 2012 Utah legislative session. It discusses new bills passed relating to employment, including reducing unemployment insurance rates and allowing wellness program premium reductions. Key issues studied for potential 2013 legislation included E-Verify, injured worker benefits, and anti-discrimination protections. The presentation urged attendees to get involved in the legislative process to influence issues affecting their businesses.
Presented in Salt Lake City, this lecture offered participants an overview of the legislation and appropriations that were passed during the General Session of the 2012 Utah Legislature.
The 2014 Utah Legislative Session: The Interesting, The Ordinary and What to ...Parsons Behle & Latimer
This document summarizes and analyzes the 2014 Utah legislative session. It discusses key issues addressed like air quality, election reform, and healthcare. It outlines the partisan composition of the legislature and bill passage rates. Additionally, it identifies expected issues for 2015 like Medicaid expansion, education funding, and potential business-related topics. The purpose is to inform clients and friends of the law firm about recent legislative activities and important issues.
Legislative Update: New Legislation and Political Developments Affecting Empl...Parsons Behle & Latimer
Each January through March, the Utah Legislature meets to discuss and enact laws that have a significant impact on employers. This presentation discusses the laws affecting employers that were enacted during the 2012 Session, the issues that will likely be discussed in the upcoming year, and how to get a "seat at the table."
The 2014 Utah Legislature: What Happened in 2014 and How to Protect Your Inte...Parsons Behle & Latimer
This document summarizes Mike Bailey's presentation to the Real Estate Mastermind Group about the 2014 Utah Legislature session and how real estate professionals can protect their interests in 2015. Some key points from the 2014 session include air quality being a major issue, the passage of the "Count My Vote" bill, and health care related bills around autism and cannabis oil. Bailey provides statistics on bill introduction and passage. He outlines issues that may arise in 2015 like title insurance and water rights. The presentation emphasizes relationship building and working with groups like trade associations to influence legislation. Bailey explains how his firm assists clients in navigating the legislative process.
Get a Seat at the Table: Utah's Legislature and How it Impacts Your BusinessParsons Behle & Latimer
The document summarizes a presentation given to the Murray City Chamber of Commerce about how the Utah legislature impacts businesses. It discusses the composition and activities of the 2012 legislative session, including key bills that passed and failed. It emphasizes the importance for businesses to get involved in the legislative process by building relationships with legislators, monitoring issues, and potentially hiring outside representatives. The presentation advises both offensive and defensive strategies to influence legislation and outlines some issues that may be of interest during the 2013 session.
There were many issues that received a lot of attention during the 2015 legislative session. How did the legislature’s actions affect your business? We can help you understand the session’s impacts.
What are the legislature’s plans for 2016? How can you protect your business during the upcoming legislative study sessions and the 2016 legislative session?
Get a Seat at the Table: Utah's Legislature and How it Impacts Nonprofit Orga...Parsons Behle & Latimer
This document summarizes a presentation given to the Utah Nonprofits Association about how the Utah state legislature impacts nonprofit organizations. The presentation discusses the composition and activities of the 2012 legislative session, including the high number of bills introduced and passed. It outlines several issues that affected nonprofits, such as employment laws, local government regulation, and health insurance mandates. The presentation emphasizes the importance for nonprofits to get involved in the legislative process by building relationships with legislators, monitoring issues, and lobbying for or against bills that could help or harm their organizations. It also previews potential issues that may arise in the 2013 legislative session.
Presented in Salt Lake City, this lecture offered participants strategies for working with state policy makers to further their business goals through proactive legislation.
This document summarizes a presentation given by Parsons Behle & Latimer attorneys to introduce clients and friends to the 2013 Utah State Legislative session. It provides an overview of the legislature's composition, leadership changes, and previews several major issues that may be considered including the budget, education, guns, environmental regulation, transportation, healthcare reform, and taxes. It encourages involvement in the legislative process and offers the attorneys' assistance on any issues of concern.
Political Demographics of the 2014 Utah Legislature and Its Effect on the Leg...Parsons Behle & Latimer
The 2014 Utah legislature was dominated by Republicans, who held supermajorities in both the House and Senate. This resulted in Republican-sponsored bills passing at much higher rates than Democrat-sponsored bills. The legislature was also unusually productive, passing over 500 bills, with the Senate passing bills at a higher rate per member than the House. The large number of new House members did not seem to negatively impact productivity.
Presented to the Corporate Counsel Section of the Utah State Bar in Salt Lake City, this presentation addressed relevant legislation and lobbying strategies for corporations and small businesses.
The Utah Legislature: What Happened in 2012 and How to Protect Your Business ...Parsons Behle & Latimer
This document summarizes a presentation given to the Association for Corporate Growth about the 2012 Utah state legislature session and how businesses can protect themselves in 2013. It discusses the composition of the legislature, major themes and bills from 2012 including local government, environmental boards, states' rights, and health insurance mandates. It outlines likely study issues for 2013 and encourages businesses to get involved by contacting their legislators. The presentation aims to educate businesses on issues that could affect them.
The 2011 Utah legislative session saw a large number of bills introduced and passed in a short period of time. Key themes of the session included no new taxes, some restrictions on businesses, and assistance from the government in certain areas. To protect businesses, it is important to get involved early in the legislative process through both offense and defense strategies like lobbying. Issues that may come up in 2012 include cleanup from 2011 bills, new initiatives, government competition with the private sector, and employer/employee matters.
You experience it every day, our nation's aging infrastructure requires an expensive face lift. Even the American Society of Engineers grades U.S. infrastructure at a D+, and estimates that it will take $4.6 trillion (yes, with a "T") in the next 10 years to get our infrastructure up to par. In fact, some economists claim infrastructure spending is the key to wiping out poverty, creating economic growth, and increasing employment. Hear from Mr. Sandherr on how the new administration is tackling this challenge and how their plans will impact the economy and more specifically crane and rigging companies.
Speaker: Stephen Sandherr, Chief Executive Officer, Associated General Contractors of America
The document discusses regulatory reform and proposes several reforms aimed at increasing congressional accountability and transparency of regulatory costs. It argues that requiring congressional approval of agency rules before they take effect would end "regulation without representation" and better link regulatory programs to the legislators responsible for them. Other proposals include publishing an annual "regulatory report card" on agency performance and requiring agencies to calculate and disclose regulatory costs. The goal is to make regulatory costs as transparent as possible and give voters a way to hold Congress directly responsible for regulations.
Labor laws change with every administration, and as an employer, keeping up to date is a necessary burden. G. Mark Jodon of Littler Mendelson discusses what has happened and what can be expected during President Obama's administration in terms of labor and employment legislative and executive initiatives. He explores the administration's priorities from both a regulatory and a legislative perspective.
This document discusses judicial review of administrative agencies. It summarizes two landmark Supreme Court cases - Citizens to Preserve Overton Park v. Volpe and Chevron v. Natural Resources Defense Council. In Overton Park, the Court established that agency actions are subject to judicial review and remanded the case back to the agency to provide justification. In Chevron, the Court created the "reasonable interpretation" standard, requiring courts to defer to any reasonable agency interpretation if the law is ambiguous. These cases shaped the development of the "hard look doctrine" and increased judicialization and procedural requirements for agencies.
The document discusses the case Environmental Defense Fund v. Hardin (1970), which established that environmental groups have standing to sue agencies that fail to regulate within a reasonable timeframe. It also established that agency inaction can be reviewed by courts. This expanded judicial oversight of agencies and incentivized more informal rulemaking procedures to avoid litigation, such as advisory opinions, memoranda, and negotiated rulemaking.
This document summarizes a presentation about owners corporations and strata by-laws. It discusses owners corporations as the "fourth level of government" and covers topics like making valid by-laws, enforcing by-laws, and improving existing by-laws. The presentation provides examples of both reasonable and unreasonable/invalid by-laws and emphasizes the importance of transparency, consistency, and reasonableness when creating and enforcing by-laws.
By laws webinar conducted 3 february 2011TEYS Lawyers
This document summarizes a presentation about strata bylaws and owners corporations. It discusses that owners corporations function as a fourth level of government below federal, state, and local governments. It covers topics like making bylaws, invalid bylaws, controversial bylaws, enforcing bylaws, and improving bylaws. The presentation provides examples and advice for owners corporations on developing reasonable bylaws and resolving disputes over bylaws. It emphasizes the importance of communication, transparency, and balancing individual rights when governing through bylaws.
This document summarizes key aspects of environmental regulation in the United States. It discusses the National Environmental Policy Act, major environmental regulatory agencies like the EPA, and laws governing air and water pollution, waste management, and toxic substances. The Clean Air Act and Clean Water Act are described in detail, outlining regulatory principles and enforcement mechanisms for each. Case studies are provided to illustrate application of these laws.
The Latest Developments in Retirement and Compensation Policy-Lynn D. Dudley,...HR Network marcus evans
Presentation delivered Lynn D. Dudley, Senior Vice President, Global Retirement and Compensation Policy, American Benefits Council at the marcus evans Employee Benefits & Compensation Summit held in Georgia.
This document provides an overview of administrative law regarding public employment. It discusses the constitutional protections that apply to public employees, including protections under the 1st, 4th, and 14th Amendments. It outlines the development of due process protections for public employees through key Supreme Court cases like Board of Regents v. Roth and Cleveland Board of Education v. Loudermill. It also discusses other legal protections for public employees, such as protections for political expression, privacy, and against discrimination.
This document summarizes key points from a presentation on investigating, prosecuting, and defending environmental crimes. It discusses:
1) Wildlife cases are often resolved with pleas to misdemeanors and fines, with efforts to reduce incidental takes. Pollution cases, which the rest of the presentation focuses on, involve broader discretion for prosecutors and general intent/negligence standards.
2) When a criminal investigation begins, the goals are to avoid indictment, resolve issues civilly if possible, avoid obstruction risks, ensure no one goes to jail, and cooperate with authorities to correct any issues and repair relationships.
3) Key steps include assessing subpoenas, controlling documents, interviewing witnesses, and potentially
There are several barriers to effective communication, including:
1. Issues with expression such as verbosity, inaccuracies, omissions and uncertainties.
2. Inattentiveness on the part of the receiver which leads to inadequate absorption of the message.
3. Physical and environmental factors like noise, distance between parties, and distractions that interfere with clear transmission and reception of information.
This document discusses instructional design paradigms and their evolution over time. It outlines three paradigms - behavioral, cognitive, and constructivist - and compares their key differences in terms of learning theories, instructional strategies, and the role of the learner. The constructivist paradigm focuses on learner-centered instruction and emphasizes the role of experience and environment in building knowledge.
Get a Seat at the Table: Utah's Legislature and How it Impacts Your BusinessParsons Behle & Latimer
The document summarizes a presentation given to the Murray City Chamber of Commerce about how the Utah legislature impacts businesses. It discusses the composition and activities of the 2012 legislative session, including key bills that passed and failed. It emphasizes the importance for businesses to get involved in the legislative process by building relationships with legislators, monitoring issues, and potentially hiring outside representatives. The presentation advises both offensive and defensive strategies to influence legislation and outlines some issues that may be of interest during the 2013 session.
There were many issues that received a lot of attention during the 2015 legislative session. How did the legislature’s actions affect your business? We can help you understand the session’s impacts.
What are the legislature’s plans for 2016? How can you protect your business during the upcoming legislative study sessions and the 2016 legislative session?
Get a Seat at the Table: Utah's Legislature and How it Impacts Nonprofit Orga...Parsons Behle & Latimer
This document summarizes a presentation given to the Utah Nonprofits Association about how the Utah state legislature impacts nonprofit organizations. The presentation discusses the composition and activities of the 2012 legislative session, including the high number of bills introduced and passed. It outlines several issues that affected nonprofits, such as employment laws, local government regulation, and health insurance mandates. The presentation emphasizes the importance for nonprofits to get involved in the legislative process by building relationships with legislators, monitoring issues, and lobbying for or against bills that could help or harm their organizations. It also previews potential issues that may arise in the 2013 legislative session.
Presented in Salt Lake City, this lecture offered participants strategies for working with state policy makers to further their business goals through proactive legislation.
This document summarizes a presentation given by Parsons Behle & Latimer attorneys to introduce clients and friends to the 2013 Utah State Legislative session. It provides an overview of the legislature's composition, leadership changes, and previews several major issues that may be considered including the budget, education, guns, environmental regulation, transportation, healthcare reform, and taxes. It encourages involvement in the legislative process and offers the attorneys' assistance on any issues of concern.
Political Demographics of the 2014 Utah Legislature and Its Effect on the Leg...Parsons Behle & Latimer
The 2014 Utah legislature was dominated by Republicans, who held supermajorities in both the House and Senate. This resulted in Republican-sponsored bills passing at much higher rates than Democrat-sponsored bills. The legislature was also unusually productive, passing over 500 bills, with the Senate passing bills at a higher rate per member than the House. The large number of new House members did not seem to negatively impact productivity.
Presented to the Corporate Counsel Section of the Utah State Bar in Salt Lake City, this presentation addressed relevant legislation and lobbying strategies for corporations and small businesses.
The Utah Legislature: What Happened in 2012 and How to Protect Your Business ...Parsons Behle & Latimer
This document summarizes a presentation given to the Association for Corporate Growth about the 2012 Utah state legislature session and how businesses can protect themselves in 2013. It discusses the composition of the legislature, major themes and bills from 2012 including local government, environmental boards, states' rights, and health insurance mandates. It outlines likely study issues for 2013 and encourages businesses to get involved by contacting their legislators. The presentation aims to educate businesses on issues that could affect them.
The 2011 Utah legislative session saw a large number of bills introduced and passed in a short period of time. Key themes of the session included no new taxes, some restrictions on businesses, and assistance from the government in certain areas. To protect businesses, it is important to get involved early in the legislative process through both offense and defense strategies like lobbying. Issues that may come up in 2012 include cleanup from 2011 bills, new initiatives, government competition with the private sector, and employer/employee matters.
You experience it every day, our nation's aging infrastructure requires an expensive face lift. Even the American Society of Engineers grades U.S. infrastructure at a D+, and estimates that it will take $4.6 trillion (yes, with a "T") in the next 10 years to get our infrastructure up to par. In fact, some economists claim infrastructure spending is the key to wiping out poverty, creating economic growth, and increasing employment. Hear from Mr. Sandherr on how the new administration is tackling this challenge and how their plans will impact the economy and more specifically crane and rigging companies.
Speaker: Stephen Sandherr, Chief Executive Officer, Associated General Contractors of America
The document discusses regulatory reform and proposes several reforms aimed at increasing congressional accountability and transparency of regulatory costs. It argues that requiring congressional approval of agency rules before they take effect would end "regulation without representation" and better link regulatory programs to the legislators responsible for them. Other proposals include publishing an annual "regulatory report card" on agency performance and requiring agencies to calculate and disclose regulatory costs. The goal is to make regulatory costs as transparent as possible and give voters a way to hold Congress directly responsible for regulations.
Labor laws change with every administration, and as an employer, keeping up to date is a necessary burden. G. Mark Jodon of Littler Mendelson discusses what has happened and what can be expected during President Obama's administration in terms of labor and employment legislative and executive initiatives. He explores the administration's priorities from both a regulatory and a legislative perspective.
This document discusses judicial review of administrative agencies. It summarizes two landmark Supreme Court cases - Citizens to Preserve Overton Park v. Volpe and Chevron v. Natural Resources Defense Council. In Overton Park, the Court established that agency actions are subject to judicial review and remanded the case back to the agency to provide justification. In Chevron, the Court created the "reasonable interpretation" standard, requiring courts to defer to any reasonable agency interpretation if the law is ambiguous. These cases shaped the development of the "hard look doctrine" and increased judicialization and procedural requirements for agencies.
The document discusses the case Environmental Defense Fund v. Hardin (1970), which established that environmental groups have standing to sue agencies that fail to regulate within a reasonable timeframe. It also established that agency inaction can be reviewed by courts. This expanded judicial oversight of agencies and incentivized more informal rulemaking procedures to avoid litigation, such as advisory opinions, memoranda, and negotiated rulemaking.
This document summarizes a presentation about owners corporations and strata by-laws. It discusses owners corporations as the "fourth level of government" and covers topics like making valid by-laws, enforcing by-laws, and improving existing by-laws. The presentation provides examples of both reasonable and unreasonable/invalid by-laws and emphasizes the importance of transparency, consistency, and reasonableness when creating and enforcing by-laws.
By laws webinar conducted 3 february 2011TEYS Lawyers
This document summarizes a presentation about strata bylaws and owners corporations. It discusses that owners corporations function as a fourth level of government below federal, state, and local governments. It covers topics like making bylaws, invalid bylaws, controversial bylaws, enforcing bylaws, and improving bylaws. The presentation provides examples and advice for owners corporations on developing reasonable bylaws and resolving disputes over bylaws. It emphasizes the importance of communication, transparency, and balancing individual rights when governing through bylaws.
This document summarizes key aspects of environmental regulation in the United States. It discusses the National Environmental Policy Act, major environmental regulatory agencies like the EPA, and laws governing air and water pollution, waste management, and toxic substances. The Clean Air Act and Clean Water Act are described in detail, outlining regulatory principles and enforcement mechanisms for each. Case studies are provided to illustrate application of these laws.
The Latest Developments in Retirement and Compensation Policy-Lynn D. Dudley,...HR Network marcus evans
Presentation delivered Lynn D. Dudley, Senior Vice President, Global Retirement and Compensation Policy, American Benefits Council at the marcus evans Employee Benefits & Compensation Summit held in Georgia.
This document provides an overview of administrative law regarding public employment. It discusses the constitutional protections that apply to public employees, including protections under the 1st, 4th, and 14th Amendments. It outlines the development of due process protections for public employees through key Supreme Court cases like Board of Regents v. Roth and Cleveland Board of Education v. Loudermill. It also discusses other legal protections for public employees, such as protections for political expression, privacy, and against discrimination.
This document summarizes key points from a presentation on investigating, prosecuting, and defending environmental crimes. It discusses:
1) Wildlife cases are often resolved with pleas to misdemeanors and fines, with efforts to reduce incidental takes. Pollution cases, which the rest of the presentation focuses on, involve broader discretion for prosecutors and general intent/negligence standards.
2) When a criminal investigation begins, the goals are to avoid indictment, resolve issues civilly if possible, avoid obstruction risks, ensure no one goes to jail, and cooperate with authorities to correct any issues and repair relationships.
3) Key steps include assessing subpoenas, controlling documents, interviewing witnesses, and potentially
There are several barriers to effective communication, including:
1. Issues with expression such as verbosity, inaccuracies, omissions and uncertainties.
2. Inattentiveness on the part of the receiver which leads to inadequate absorption of the message.
3. Physical and environmental factors like noise, distance between parties, and distractions that interfere with clear transmission and reception of information.
This document discusses instructional design paradigms and their evolution over time. It outlines three paradigms - behavioral, cognitive, and constructivist - and compares their key differences in terms of learning theories, instructional strategies, and the role of the learner. The constructivist paradigm focuses on learner-centered instruction and emphasizes the role of experience and environment in building knowledge.
The document lists and organizes various office items labeled A through J, including an escritorio (desk), planeador (planner), telefono (phone), monitor, silla (chair), mueble (furniture), calendario (calendar), teclado (keyboard), aire (air), and portapapeles (paper tray). It arranges the items in different configurations in each section to demonstrate orden y aseo (order and cleanliness).
EN3604 Week 10: "A people who were satisfied with frugal comfort"? Nostalgia ...Claire Lynch
This document provides an overview of Week 10's reading assignment on nostalgia and prudery in mid-century Irish literature. It highlights quotes from John McGahern's memoir describing the lack of modern conveniences in rural Ireland in the past. It also references Kate O'Brien and discusses the semi-autobiographical nature of many Irish novels and how autobiography has been an important genre in Anglo-Irish literature.
An internet is a private network within an organization that allows employees to share information and resources remotely. An extranet is similar but allows controlled access between a company's network and authorized users of other organizations. Electronic data interchange (EDI) refers to the electronic exchange of standardized business documents between trading partners in a fast, cheap, and accurate manner compared to paper documents.
Tata Crucible Corporate Quiz - 2013 (Delhi - External track)
Complete Preliminary Round and Final Round questions with detailed analysis of questions along with trivia.
Show some love by liking it and sharing it.
Students who had more diversity experiences in college, such as cross-racial interactions, continued to have more cross-racial interactions even five years after graduating. A diverse college campus provides benefits like preparing students to work in a global society and interact with diverse groups of people. Experiencing diversity in college helps students gain perspective, increase their knowledge, and enhances their capacity to view issues from multiple perspectives.
This document discusses Urdu language instruction. It was written by Saad Manzoor, who is an Urdu tutor. As an Urdu tutor, Saad Manzoor has experience teaching the Urdu language to students.
O documento descreve a evolução histórica da geografia, desde os registros antigos de gregos e romanos sobre a vegetação, clima e povos, até o desenvolvimento da geografia moderna como ciência no século XIX com Humboldt e Ritter. Também apresenta as principais teorias geográficas, como o determinismo de Ratzel e o possibilismo francês, e a geografia crítica de Milton Santos.
Este documento discute as atividades e responsabilidades de um gerente de projetos nas diferentes fases de um projeto, de acordo com o guia PMBOK. O artigo descreve as tarefas do gerente de projetos na iniciação, planejamento, execução, monitoramento e controle e encerramento de um projeto.
Natural antibiotics provide effective alternatives to traditional antibiotics. Manuka honey from Australia and New Zealand is delicious and has a powerful effect against bacteria and pathogens, without allowing bacteria to develop resistance. Pau D'Arco from South America contains lapachol, which is effective against fungi, viruses and bacteria, and may have cancer-fighting properties. Colloidal silver has proven antibacterial properties against viruses, fungi and bacteria despite FDA attempts to discredit it. Garlic is a tasty and powerful antibiotic used for thousands of years to treat various illnesses, and contains antioxidants that destroy free radicals and bacteria. These natural foods provide easy ways to stay healthy.
Recent Updates and Practical Advice About Trade Secrets, Non-Compete Agreemen...Parsons Behle & Latimer
This document summarizes a presentation given to Utah employment and business attorneys regarding recent updates on trade secrets, non-compete agreements, and non-solicitation agreements. It discusses key considerations for drafting enforceable non-compete and non-solicitation agreements under Utah law, such as ensuring the agreements are necessary to protect a legitimate business interest, reasonable in duration and geographic scope, and supported by adequate consideration. It also notes that non-solicitation agreements are generally viewed more favorably by courts and provides suggestions for strengthening non-solicitation agreement language.
This document discusses new laws and regulations affecting corporate governance in the aftermath of Enron, including the Sarbanes-Oxley Act of 2002. It outlines increased responsibilities for boards of directors and their committees in areas like independence, financial reporting, internal controls, and ethics codes. Public companies, their officers, directors, and auditors are most directly impacted by these reforms, which aim to restore investor trust through greater transparency, accountability and oversight.
Are There Limits to e-Discovery? Key Takeaways from Recent Decisions on e-Dis...BoyarMiller
Recently, cases exploring the limits of electronic discovery are percolating to the highest courts in both the state and federal systems. As of late, courts have focused on proportionality. This presentation by BoyarMiller attorney Kasi Chadwick explores those decisions and their implications in light of the rules of civil procedure.
Howard Slobodin: Agency Rulemaking Update, TWCA Fall Conference 2015TWCA
The document summarizes updates on pending and proposed rulemakings from TCEQ and TWDB. For TCEQ, rules are proposed that would limit who can file petitions for rulemaking, amend public comment processes, and establish standards for seawater desalination projects. For TWDB, proposed rules would expand the definition of "interregional conflicts" and consider shifting some county boundaries between regional water planning areas.
What Happened for Solar During the 2013 Texas Legislative Session? Rick Borry
Russel Smith is the co-founder and executive director of Texas Renewable Energy Industries Association (TREIA).
Hear Russel review and interpret the 2013 Texas Legislative Session and its impact on the solar energy market. Be sure to join this LIVE webinar to find out how the legislature's actions will affect you and your business during the question-and-answer segment following Russel's presentation.
Implications of 2015 Amendments to the Federal Rules of Civil ProcedureWinston & Strawn LLP
During this eLunch, we reviewed the practical implications of the upcoming changes to Rule 26(b) regarding the scope of relevance and proportionality and also focused on the new national uniform standard under Rule 37(e) for the implementation of curative measures and/or sanctions for the failure to preserve relevant electronically stored information.
This interactive webinar was presented by Winston & Strawn eDiscovery & information governance practice chair John Rosenthal and senior eDiscovery attorney Christopher Costello. Mr. Rosenthal was intimately involved in the rules amendment process and testified before the Advisory Committee on several occasions.
The document discusses the Environmental Impact Assessment (EIA) process in the Philippines. It states that the Philippine EIA System was established in 1978 through Presidential Decree 1586 to ensure projects do not negatively impact the environment. It mandates that the Environmental Management Bureau evaluate EIA reports and issue Environmental Compliance Certificates for projects. The summary describes the typical EIA process of submitting project descriptions or environmental impact statements, public review, and issuance of certificates for environmentally critical projects.
The document discusses water board enforcement procedures in California. It describes the various enforcement authorities and actions that can be taken, including informal actions like verbal warnings or notices of violation, and formal actions like cleanup orders, fines, and legal referrals. It emphasizes the importance of enforcement for achieving compliance with water quality laws and regulations. Stakeholders are encouraged to engage with water boards by attending meetings, commenting on actions, and working with enforcement coordinators as needed.
The document discusses the constitution and functions of the Expert Appraisal Committee for River Valley and Hydroelectric Projects in India. Key details include:
- The committee will scrutinize proposals for river valley and hydroelectric projects to prescribe terms of reference for environmental impact assessments and will evaluate EIA reports and environmental management plans.
- It will recommend clearance or rejection of projects and suggest mitigation measures for projects granted approval.
- The committee will meet at least once a month to appraise projects, with site visits conducted if necessary. Minutes will be finalized within 5 days of meetings.
- The tenure of the committee is 3 years from the date of its constitution order. Meetings are normally held in Delhi
Air Strategic Permitting and Compliance; Srivastav, Piyush; NAQS-Environmenta...MECConference
This document discusses the importance of strategic permitting and compliance. It emphasizes getting off to a good start in the permitting process by using experienced consultants, allowing time for permitting, and negotiating permit conditions. Effective permits contain conditions that are attainable, provide flexibility and are clear, while avoiding unnecessary, unclear or overly stringent conditions. Unclear or stringent permit conditions can later result in liability if they are violated, even if the underlying regulations are not. The presentation provides examples of effective versus ineffective permit conditions and stresses taking time to negotiate with regulators to obtain suitable language in permits.
The document discusses the constitution and procedures of the Expert Appraisal Committee for River Valley and Hydroelectric Projects in India. Key points:
- The committee evaluates environmental impact assessments and management plans for river valley and hydroelectric projects and recommends approval or rejection.
- It meets monthly to scrutinize project proposals and appraisal reports, and suggest mitigation measures.
- The committee's tenure is 3 years. It may visit project sites and co-opt experts for particular meetings. Minutes must be finalized within 5 days of each meeting.
FERC 101, continued - Robert Deibel - USDA Forest Service and Matt Rice, Amer...rshimoda2014
This session provides two critical perspectives on the relicencing process beyond that of the Federal Energy Regulatory Commission, that of the agencies who manage rivers affected by hydro facilities, and organizations representing environmental issues and the interests of recreational users.
The Federal Energy Regulatory Commission (FERC) is an Independent Commission that sets and regulates the process and procedures for involvement during a formal license proceeding. The objectives of this overview are to
provide interested participants an understanding of: 1) WHO FERC is; 2) WHAT this strictly regulated process requires in terms of participation; and 3) HOW participants can prepare and participate to succeed in a proceeding.
The presentation will cover process as well and identify
key points in a proceeding to focus their time and effort in order to effectively participate.
The Department of the Interior (DOI) is undertaking a retrospective review of its existing regulations to make them more efficient, less burdensome, and more functional. As part of this process, DOI plans to review several significant regulations over the next two years, including oil and gas royalty valuation rules, endangered species act rules, and offshore energy safety rules. DOI seeks to simplify regulations where possible, reduce unnecessary burdens on industry and the public, and ensure decisions are based on sound science. Stakeholders will have opportunities to provide input throughout the review process.
The Sarbanes-Oxley Act of 2002 was enacted in response to major corporate accounting scandals to increase corporate accountability and protect investors. It established new regulatory standards for public company boards, management, and accounting firms regarding issues like auditor independence, corporate governance, and financial disclosure. The Act created the Public Company Accounting Oversight Board to oversee auditing of public companies and established new criminal penalties for fraudulent behavior and retaliation against whistleblowers. Supporters believe it has helped restore confidence in financial markets, while critics argue it has increased regulatory burdens on companies.
TWCA Annual Convention: TWCA Contested Case Hearing Reform, Derek SealTWCA
This document summarizes recent reforms to contested case hearings before the Texas Commission on Environmental Quality (TCEQ). The reforms, enacted through Senate Bill 709, aim to streamline the permitting process by narrowing the scope of who can request a hearing, establishing that a draft permit demonstrates prima facie compliance with requirements, and capping hearings at 180 days. The reforms have faced some criticism for potentially limiting public participation and judicial review of TCEQ permitting decisions. Implementation of the new law will be tested as the first cases subject to the reforms proceed.
This document discusses regulatory lookback efforts by federal agencies to review existing regulations as required by executive orders from Presidents Carter, Obama, and others. It finds that while agencies conduct reviews, many use the process to propose new regulations rather than reducing regulatory burdens. The document suggests reforms like codifying executive orders on regulatory review and setting an overall cap on paperwork collections to better incentivize reducing regulatory burdens.
Regulatory Look-Back: How Agencies Define “Less” to Mean “More”Mercatus Center
Identifying and navigating the regulatory maze applicable to the production of goods, the provision of services, the use of property, and numerous other activities is a daunting task even for the most experienced legal professional. At the federal level, presidents from Carter to Obama have issued executive orders directing agencies to review their regulatory stock in order to eliminate duplicate, obsolete and burdensome rules. What do the results from decades of such efforts tell us?
In this presentation, FMC’s Bernard Roth outlines the current trends in energy regulatory law. The presentation includes the following topics:
- Trends in Facilities Regulation
- Alberta Non-Utility Oil and Gas Facilities
- AER Structure
- Responsible Energy Development
- Federal Budget Legislative Changes
- Federal Fisheries Act
- Navigable Waters Protection Act
- Canadian Environmental Assessment Act
- Trends in Utilities Regulation
- Performance Based Regulation for Alberta Utilities
Revisions to the ASTM E 1527 Standard: Three Insider’s PerspectiveEDR
Remember when the U.S. Environmental Protection Agency’s All Appropriate Inquiries rule was promulgated in 2005? For the first time since then, there will soon be a new revision to the ASTM E 1527 Standard and the time to begin preparing your staff and educating your clients is now.
The E 1527-13 revision is the result of three years of discussion and debate among many dedicated stakeholders who spent countless hours at ASTM Phase I ESA Task Group meetings and on conference calls examining all parts of the standard and hammering out every word of the revision. The most significant revisions are in the areas of: REC definitions, agency file review, vapor migration/intrusion, user responsibilities and more.
For this event, EDR Insight is fortunate to have the input of three professionals—an environmental professional, a commercial real estate lender and an attorney—who were active with the revision process and who each devoted significant time and expertise to shaping the new revisions.
Join us for this important and timely event as the commercial lending and property risk management industry prepares to transition away from the -05 standard to E 1527-13.
Target Audience:
• Environmental due diligence professionals
• Environmental risk managers at financial institutions
Benefits to attendees:
• Insights into specific areas of revision and a deeper understanding of what drove the changes
• More clarity on REC-HREC-CREC definitions
• More clarity on agency file review
• An end user perspective from the lending sector
• An attorney’s take on what the changes mean in the construct of CERCLA liability and commercial property transactions
• Advice on how EPs and lenders should be preparing for E 1527-13
• Potential changes that end users may see in their Phase I ESA reports when E 1527-13 takes effect
Equal Employment Opportunity Regulatory Reform Plan August 2011Obama White House
The Equal Employment Opportunity Commission (EEOC) developed a plan for retrospectively reviewing existing regulations in accordance with Executive Order 13563. The plan identifies a process for periodically reviewing significant regulations to determine if they should be repealed, modified, strengthened, or modernized based on costs and benefits. The EEOC will prioritize reviews that are mandated by new legislation or Supreme Court decisions and that involve existing agency regulations. The plan also establishes public participation in the review process through soliciting comments on which regulations should be prioritized for review.
Similar to Your_Environmental_Permit_to_Operate_Recent_Developments_in_Utah_Legislation (20)
Microsoft provided many of the accommodations requested by an employee with Autism Spectrum Disorder, but rejected some that would have excused the employee from performing essential job functions as an Enterprise Architect. These essential functions included communicating ideas to clients, responding quickly to clients under dynamic conditions, and handling basic administrative tasks. When negotiations over alternative accommodations were unsuccessful, Microsoft placed the employee on job reassignment but the employee did not pursue other positions. The court concluded Microsoft did not fail to reasonably accommodate the employee.
Employee Life Cycle III: Termination Trepidation - Identifying and Avoiding t...Parsons Behle & Latimer
This presentation discusses best practices for employee discipline and termination to avoid legal risks. It emphasizes having clear job descriptions and policies, training employees on policies, consistently applying policies, and thoroughly documenting all communication and disciplinary actions. Case studies are presented to illustrate how failures to properly recognize disabilities, document issues, and focus on misconduct rather than protected characteristics can result in legal liability. The presentation stresses communicating expectations, intervening early, escalating discipline, and ensuring HR involvement in termination decisions.
The presentation discusses various human resources law issues that can arise during employment, including performance evaluations, leave, accommodations, workplace rules and culture, and discipline. It provides examples of proper and improper documentation for performance reviews and outlines a best practices roadmap for handling performance-based employee discharge. The presentation also examines case studies on the value of independent investigations, managing workplace conflict, and avoiding retaliation.
This document summarizes confidentiality issues arising under the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and Health Insurance Portability and Accountability Act (HIPAA). It discusses HIPAA compliance obligations for employers, including the notice of privacy practices, appointing a privacy officer, training employees, and implementing safeguards for protected health information. It also reviews other laws protecting employee health information, such as the Genetic Information Nondiscrimination Act, Title VII, ADA, and FMLA. The presentation emphasizes the importance of properly handling and securing sensitive employee medical records.
This document summarizes the key aspects of the Corporate Transparency Act (CTA), which requires certain entities to report beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). It outlines what entities must report, the information that must be reported for each beneficial owner, exemptions, penalties for noncompliance, and restrictions on how FinCEN can disclose the beneficial ownership information. Reporting of beneficial ownership information to FinCEN will start on January 1, 2024 and must be completed by January 1, 2025. Entities must also continuously update their beneficial ownership reports within 30 days of any changes.
The Major Questions Doctrine: A Review of the Supreme Court Decision in West ...Parsons Behle & Latimer
The Supreme Court struck down the Obama-era Clean Power Plan under the Major Questions Doctrine. The Major Questions Doctrine applies when an agency asserts broad new authority over an important issue that Congress did not clearly delegate. The Court found EPA did not have clear congressional authorization to issue industry-wide emissions regulations under Section 111(d) of the Clean Air Act, as the CPP demanded major shifts in energy production beyond EPA's traditional authority. This decision raises questions about how the Major Questions Doctrine could impact administrative agencies and their interpretations of statutes in the future.
Brand Guideline of Bashundhara A4 Paper - 2024khabri85
It outlines the basic identity elements such as symbol, logotype, colors, and typefaces. It provides examples of applying the identity to materials like letterhead, business cards, reports, folders, and websites.
Information and Communication Technology in EducationMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 2)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐈𝐂𝐓 𝐢𝐧 𝐞𝐝𝐮𝐜𝐚𝐭𝐢𝐨𝐧:
Students will be able to explain the role and impact of Information and Communication Technology (ICT) in education. They will understand how ICT tools, such as computers, the internet, and educational software, enhance learning and teaching processes. By exploring various ICT applications, students will recognize how these technologies facilitate access to information, improve communication, support collaboration, and enable personalized learning experiences.
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐫𝐞𝐥𝐢𝐚𝐛𝐥𝐞 𝐬𝐨𝐮𝐫𝐜𝐞𝐬 𝐨𝐧 𝐭𝐡𝐞 𝐢𝐧𝐭𝐞𝐫𝐧𝐞𝐭:
-Students will be able to discuss what constitutes reliable sources on the internet. They will learn to identify key characteristics of trustworthy information, such as credibility, accuracy, and authority. By examining different types of online sources, students will develop skills to evaluate the reliability of websites and content, ensuring they can distinguish between reputable information and misinformation.
Creativity for Innovation and SpeechmakingMattVassar1
Tapping into the creative side of your brain to come up with truly innovative approaches. These strategies are based on original research from Stanford University lecturer Matt Vassar, where he discusses how you can use them to come up with truly innovative solutions, regardless of whether you're using to come up with a creative and memorable angle for a business pitch--or if you're coming up with business or technical innovations.
Cross-Cultural Leadership and CommunicationMattVassar1
Business is done in many different ways across the world. How you connect with colleagues and communicate feedback constructively differs tremendously depending on where a person comes from. Drawing on the culture map from the cultural anthropologist, Erin Meyer, this class discusses how best to manage effectively across the invisible lines of culture.
Artificial Intelligence (AI) has revolutionized the creation of images and videos, enabling the generation of highly realistic and imaginative visual content. Utilizing advanced techniques like Generative Adversarial Networks (GANs) and neural style transfer, AI can transform simple sketches into detailed artwork or blend various styles into unique visual masterpieces. GANs, in particular, function by pitting two neural networks against each other, resulting in the production of remarkably lifelike images. AI's ability to analyze and learn from vast datasets allows it to create visuals that not only mimic human creativity but also push the boundaries of artistic expression, making it a powerful tool in digital media and entertainment industries.
1. S A L T L A K E C I T Y | R E N O | B O I S E | L A S V E G A S | P A R S O N S B E H L E . C O M
Your Environmental
Permit to Operate:
Recent Developments
in Utah Legislation
Michael A. Zody
Jacob A. Santini
Keli Beard
Wednesday
May 30, 2012
Salt Lake City
2. Backdrop to DEQ Revisions
Seeing more permit challenges, with more active
NGOs
– Putting pressure on DEQ staff, and AG
lawyers who represent DEQ
Earlier responses
– 2008 shift to ALJ hearing process, with AG
lawyers serving as ALJs
– 2011 rulemaking to match ALJ law and
consolidate administrative procedures
• R306-5 2
3. What SB11 and 21 Do
SB 21 the “Boards” bill
– Restructures the DEQ Boards
– Shifts adjudication to DEQ Director, but
preserves board rulemaking power
SB 11 the “Record Review” bill
– Shifts from discovery and evidentiary hearings
to record review proceedings, modeled on
EPA permit appeal process (40 CFR Part
124)
– Goal is to streamline and shorten the appeal
process 3
4. What They Don’t Do
SB 11 and 21:
– Do not revise any of the permit requirements
– Do not revise the permitting process
But, the revisions in the Record Review bill will
– Cause parties to file more detailed public
comments
– Put more pressure on the permitting process
4
5. Another Round of Rulemaking
DEQ is working on rules to implement
SB11 and 21
Is also considering revisions to
administrative rules enacted last summer
Expect to start seeing draft rules and an
upcoming public comment period
5
6. The Boards Bill
Changes to the Boards
– In approving SB 21, the Utah Legislature
imposed significant revisions to the citizen-
based boards created under the umbrella of
the Utah Department of Environmental Quality
6
7. The Boards Bill
UDEQ Boards
– Utah Air Quality Board
– Utah Radiation Control Board
– Utah Drinking Water Board
– Utah Water Quality Board
– Solid and Hazardous Waste Control Board
7
8. The Boards Bill
Board Composition
– All Boards now will have 9 members
– The DEQ Executive Director is a member of
each Board. But the Executive Director can
only vote to break a tie between the other
members
– Executive Director may designate a UDEQ
employee to sit in her place
– Does away with “Executive Secretaries” of the
Boards, uses label “Division Directors” 8
9. The Boards Bill
Timeline for Re-composition of the Boards
– July 1, 2012
• Radiation Control
– March 1, 2013
• Air Quality; Water Quality; Solid and
Hazardous Waste
– May 1, 2013
• Drinking Water
9
10. The Boards Bill
Air Quality Board Composition (pre-S.B. 21 – 11
members)
– Executive Director
– 1– professional who is either (1) a Utah-licensed physician,
professional engineer, or scientist
– 2 – government representatives
– 1– representative from the mining industry
– 1– representative from the fuels industry
– 1– representative from the manufacturing industry
– 1 – public representative (environmental/community interest
NGO)
– 1– public health representative
10
11. The Boards Bill
Radiation Control Board Composition (pre-S.B.
21 – 13 members)
– Executive Director
– 1– health physicist or radiation safety professional
– 2 – government representatives
– 1– representative from the radioactive waste industry
– 1– representative from the uranium milling industry
– 1– representative from the regulated industry
– 1– public representative (environmental/community interest
NGO)
– 1– public health representative
11
12. The Boards Bill
Drinking Water Board Composition (pre-S.B. 21
– 11 members)
– Executive Director
– 1– Utah-licensed engineer
– 2 – elected officials representing municipal government
– 1– representative from an improvement, water conservancy, or
metropolitan water district
– 1– representative from an entity that manages/operates a public water
system
– 1– representative from the water research community or higher
education
– 1– public representative (environmental/community interest NGO)
– 1– public health representative
12
13. The Boards Bill
Water Quality Board Composition (pre-S.B. 21 –
11 members)
– Executive Director
– 1– Utah-licensed physician, professional engineer, or scientist
– 2 – government representatives
– 1– representative of the mineral industry
– 1– representative of the manufacturing industry
– 1– representative of the agricultural/livestock industry
– 1– public representative (environmental/community interest
NGO)
– 1– public health representative
13
14. The Boards Bill
Composition of the Solid and Hazardous Waste
Control Board (pre-S.B. 21 – 13 members)
– Executive Director
– 1– Utah-licensed professional engineer
– 2– government representatives
– 1– representative from the manufacturing, mining, or fuel industry
– 1– representative from the private sold/hazardous waste disposal
industry
– 1– representative from the private hazardous waste recovery industry
– 1– public representative (environmental/community interest NGO)
– 1– public health representative
14
15. The Record Review Bill
Only Applies to “Permits” (not NOVs)
– “Permit” means any of the following issued
under this title:
(i) a permit
(ii) a plan
(iii) a license
(iv) an approval order
(v) another administrative authorization made
by a director
15
16. The Record Review Bill
What is a “Permit”
– “another administrative authorization made by
a director”
– Broad language, not substantially different
from prior rule
Permits will no longer issue from
Executive Secretaries
– Will issue from Division Directors
16
17. The Record Review Bill
Substance of the Permit Application
– Legislation does not change the substantive
requirements for an application
17
18. The Record Review Bill
Notice and Comment Requirements
– Still look to primary statute/rules
– i.e., R307-401-7 governs notice and comment
for air permits
18
19. The Record Review Bill
Preservation – Standard Not Substantively
Different
– Prior Rule (R305-6-105):
Comments are sufficient to preserve the right
to contest an order, for each issue raised, if
the comments provide sufficient information to
give notice to the agency to allow the agency
to fully consider the issue before making a
determination
19
20. The Record Review Bill
Preservation
– Statutory Standard (new):
If a public comment period was provided during the
permit application process, a person who challenges
a permit order, including the permit applicant, may
only raise an issue or argument during the permit
review adjudicative proceeding that: (a) the person
raised during the public comment period; and (b) was
supported with sufficient information or
documentation to enable the director to fully consider
the substance and significance of the issue
20
21. The Record Review Bill
Preservation exception: issue was not
“reasonably ascertainable before or during
the public comment period”
Preservation – Quality of
Comments/Supporting Documentation
– Statute does not address what is required to
support a comment with “sufficient information”
– Department will likely address this issue by rule
21
22. The Record Review Bill
Change in Administrative Appeal
– Pre-S.B. 11
• Phase 1: ALJ review (recommended decision)
• Phase 2: Board review (final review)
– Post-S.B. 11
• Phase 1: ALJ review (recommended decision)
• Phase 2: UDEQ Executive Director (Amanda Smith)
(final review)
22
23. The Record Review Bill
Review before the adoption of S.B. 11
– ALJ presided over a trial-like proceeding
• Discovery
• Subpoenas
• Live testimony (allowing for “witness testimony,
cross-examination, oral argument,” and allowing
parties to “present evidence”)
23
24. The Record Review Bill
Method of review is significantly different
– ALJ conducts a permit review proceeding
“based only on the administrative record and
not as trial de novo”
– Executive director will also review the ALJ’s
recommended decision based on the
administrative record
24
25. The Record Review Bill
What is the Record?
– Information that was before the agency, and informed
the agency’s decision, including:
• the permit application, draft permit, and final permit
• each statement of basis, fact sheet, engineering review, or
other substantive explanation designated by the director as
part of the basis for the decision relating to the permit order
• the notice and record of each public comment period
• the notice and record of each public hearing, including oral
comments made during the public hearing
• written comments submitted during the public comment period
25
26. The Record Review Bill
What is the “Record” continued
• responses to comments that are designated by the
director as part of the basis for the decision
relating to the permit order
• any information that is:
» requested by and submitted to the director
» designated by the director as part of the basis for the
decision relating to the permit order
• any additional information specified by rule
• any information agreed to by the parties
• information allowed through supplementation
26
27. The Record Review Bill
The Record Can be Supplemented with:
– “technical or factual information”
– May include testimonial evidence
27
28. The Record Review Bill
Test for supplementation
– The party attempting to add new information
must prove
• Good cause exists to supplement
• Supplementation is in the interest of justice
• Supplementation is necessary for resolution of the
issues
28
29. The Record Review Bill
The standard governing the ALJ’s and
Executive Director’s review is unchanged
– The Division Director’s decision on the
contested issue shall be affirmed if
• “factual, technical, and scientific agency
determinations are supported by substantial
evidence taken from the record as a whole”
29
30. The Record Review Bill
Most procedures are unchanged
– Challenge to permitting decision – must be filed
(and received by agency) within 30 days of
issuance by the agency
– Stays – not automatic; a party must petition for a
stay
– Permittee is an automatic party
30
31. Practical Issues
Application to Permits in the Pipeline?
– Good argument that all permits in process as
of effective date, May 8, 2012, should come
under the new laws
– However, UDEQ has taken position that new
laws, in particular the Record Review bill, will
only apply if permit was open for public
comment after effective date
31
32. Practical Issues
Communicating with the agency
– Statutes do not prohibit pre-adjudication
communications
– However, once an adjudication commences
• ALJ – no ex parte communications
• Executive Director (Amanda Smith) – No ex parte
communications
» “The executive director may not participate in
an ex parte communication with a party to the
permit review adjudicative proceeding
regarding the merits of the permit review
adjudicative proceeding”
32
33. Responding to Adverse
Comments
Agency must respond directly and with
explanation; work with agency as much as
it will let you
Consider submitting your own comments
– If concerned agency will not adequately
address issues, but agency must respond to
yours as well
– Agency may not like getting comments from
applicant
33
34. Practical Issues
Responding to 11th-Hour Comments
– The rules generally do not give an applicant
the express ability to respond to comments
after the close of the comment period
• This may be addressed in rulemaking
– Consider whether agency can extend
comment period
– Safety Valves
• Ask agency to ask you for the information
• Move to supplement record in appeal
proceeding
34
35. Mistakes to Avoid
Not consulting legal counsel, particularly
on complex or controversial permits
Assuming agency knows the law
Not considering EPA over-filing potential
Unsupported agency assertions
– Agency has to state reasons, blanket
assertions are not enough
– Agency told us to do it that way, standing
alone, is not a defense
35
36. Other Mistakes and Issues
Agency departs from prior practice or guidance,
without good reasons in record
New terms in final permit
– opens door to new evidence on appeal
– if new substantive analysis in response to
comments, agency must consider if it must be
sent back out to public comment
Adverse terms in your draft permit
– You most likely must file comments in
opposition if you want to challenge those
terms
36