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December 2017

ITC Recommendations Include Tariffs on Solar Panels from Mexico and South Korea

Following a unanimous decision in September by the International Trade Commission (ITC) that domestic producers of solar panels have been significantly harmed by imports, the ITC sent a final report to the White House in November with proposed remedies. The four commissioners presented three different recommendations in the report to be implemented over a four-year period. The ITC found that U.S. imports from Canada, Australia, U.S.‐Dominican Republic  ( the Central …Read More

UPDATED: Congress Takes Aim at Tax-Exempt Funding for Professional Sports Facilities

UPDATED 12/27/17: The final version of the tax bill signed into law earlier this month did NOT include the provision which sought to eliminate tax-exempt funding assistance for professional sports facilities.   While President Trump’s very public feud with the NFL grabs the headlines these days, the U.S. House inserted a provision in the tax reform bill introduced last week which would eliminate a State or local government’s ability to …Read More

Potential Circuit Split: Is Groundwater a Conduit to Jurisdictional Surface Water Under the Clean Water Act?

On Thursday December 7, 2017 the Fourth Circuit will hear oral arguments in Upstate Forever v. Kinder Morgan Energy, on whether liability under the Clean Water Act can be imposed where a pollutant is not directly discharged into surface waters, but instead reaches surface waters through an unpermitted discharge into groundwater.  The Clean Water Act (“CWA”) prohibits unpermitted discharges of a pollutant from a point source into navigable surface waters. …Read More