Month: June 2020

Virginia Prioritizes “Living Shorelines” for Shoreline Development and Management

06/26/2020Romero, Joe

Development projects that affect shorelines in Virginia will soon need to plan for the use of living shorelines as the preferred method for shoreline management in their development plans.  During the 2020 Legislative Session, the Virginia General Assembly amended Title 28.2 of the Virginia Code to strengthen Virginia Marine Resources Commission’s (VMRC) mandate to protect… Read more »

When to Apply for Forgiveness of a PPP Loan

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06/24/2020King, Ray W.

This Article is based on information available as of June 22, 2020.  The information is subject to change as additional guidance is provided. NOTE—This article updates the information in the following Articles previously published: Paycheck Protection Program Under the Coronavirus Aid, Relief and Economic Security Act, March 31, 2020 SBA Issues Interim Final Rule for… Read more »

Lease Issues in the COVID-19 Environment [Part 2]

06/19/2020Crouch, Richard J.

The COVID-19 crisis has significantly impacted the ability of parties to satisfy their respective obligations under their commercial leases.  As mentioned in Part 1 of this series, many parties are discovering that the language of force majeure clauses often lacks the specificity to adequately address this unique situation.  Part 2 of this series explores the… Read more »

Lease Issues in the COVID-19 Environment [Part 1]

06/19/2020Crouch, Richard J.

In the current COVID-19 crisis, attorneys are receiving numerous questions from landlords and tenants, as to their respective contractual obligations under their commercial leases.  Tenants are carefully analyzing the provisions of the lease to determine if any provisions therein could excuse or delay performance, particularly as it relates to the obligation to pay rent.  This… Read more »

EPA Finalizes Amendments to Clean Water Act 401 Certification Process

06/17/2020Romero, Joe

On June 1, 2020, EPA finalized amendments to the Clean Water Act section 401 certification process.  The amendments update the substantive and procedural requirements for state water quality certifications.  The rule is almost certainly going to be challenged in court by states and special interest groups.  If it survives, however, the new rule could provide… Read more »

EPA Formally Adds PFAS to the TRI Pursuant to Congressional Mandate

06/16/2020Romero, Joe

On May 18, 2020, EPA published its final rule adding 172 per-and polyfluoroalkyl substances (“PFAS”) to the list of chemicals requiring reporting on the Toxics Release Inventory (TRI), which heightens the importance of understanding whether your business processes, manufactures, or uses PFAS.   As explained at EPA’s website, PFAS are a group of man-made chemicals that… Read more »

Supreme Court Extends Title VII Protections to LGBTQ Workers

06/16/2020Pierce, Michael D.

On June 15, 2020, the United States Supreme Court officially declared that LGBTQ persons are protected from discharge or discipline because of sex under the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964.  The Court’s landmark decision came as somewhat of a surprise considering that the Court’s current conservative majority was… Read more »

“Zone of Reasonableness” Test Prerequisite Addressed by the Federal Circuit

06/10/2020Lowenstein, Neil S.

The so-called “zone of reasonableness” standard has been long applied by federal courts and boards of contract appeals in evaluating contract interpretation when the contract is deemed ambiguous – meaning that it is susceptible to more than one reasonable interpretation. Ambiguity does not exist merely because the parties differ in their respective interpretations of the… Read more »

Amendments to CARES Act – Paycheck Protection Program Flexibility Act

06/08/2020King, Ray W.

This Article is based on information available as of June 11, 2020.  The information is subject to change as additional guidance is provided. NOTE—The Paycheck Protection Program Flexibility Act of 2020 amends the CARES Act, and this Article updates the information in the following Articles previously published: Paycheck Protection Program Under the Coronavirus Aid, Relief… Read more »