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  • Article

    Supplemental Budget Clears the Legislature; Legislature Enacts Emergency Legislation Regarding Concealed Weapons Permit Data; Effort to Legalize Marijuana Kicks Off at State House (Under the Dome: Inside the Maine State House 2.22.13)

    Supplemental Budget Clears the Legislature; Legislature Enacts Emergency Legislation Regarding Concealed Weapons Permit Data; Effort to Legalize Marijuana Kicks Off at State House
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Under The Dome: Inside The Maine State House (2.24.12)

    Under the Dome: Inside the Maine State House is a weekly update that provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Under The Dome: Inside The Maine State House (3.16.12)

    Maine Republicans and Democrats were required to submit their nomination petitions by March 15th in order to qualify for June’s primary ballot.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Under The Dome Special Edition: Maine Department Of Environmental Protection Proposes Listing Four New Priority Chemicals

    On November 25, the Maine Department of Environmental Protection ("DEP") published four separate proposed rules pursuant to Maine’s so called Kids Safe Products Act (Title 38, Chapter 16-D).
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    6th Circuit Holds Named Plaintiff’s Failure to File Timely Written Consent Bars FLSA Claims

    The Sixth Circuit Court of Appeals recently issued a decision in Frye v. Baptist Memorial Hospital, Inc., which includes a discussion of some of the basics of Fair Labor Standards Act (FLSA) collective actions as well as a procedural pitfall for the unwary.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    A Potential Trap For Appeals To Local Zoning Boards Of Appeals

    A ruling this month by the Maine Supreme Judicial Court (SJC) in Campbell v. City of South Portland, 2015 ME 125, could have fatal implications for some land use appeals.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Beware The Appeal Deadline: Pending Motions And Entry Of Final Judgment

    The Law Court's decision in Fournier v. Flats Industrial, Inc., issued last week, provides a stark reminder of the importance of attention to the deadlines for filing an appeal of a final judgment.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    High Demand And Significant Opportunity For New Markets Tax Credit Financing In Maine

    The Maine New Markets Capital Investment Program was established in 2011 to encourage private investment in low-income communities which lack good-paying jobs and have high rates of poverty.
    United StatesTax
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    (Precedent) Singing In Harmony

    The Law Court recently cleaned up a tangle of legal precedent regarding the appropriate means for challenging a property tax assessment, explaining and harmonizing two hundred years of case law.
    United StatesTax
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Maine Business Court Invalidates Use Tax Assessment Against Aircraft Owner

    On the heels of a taxpayer victory last year, another aircraft owner has successfully challenged Maine Revenue Services’ imposition of use tax on private aircraft that land in Maine.
    United StatesTax
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    NH Supreme Court Says Unlawful Operation Of Solid Waste Facility Or Septic System Can Result In Criminal Penalties

    On March 20, 2013, the New Hampshire Supreme Court issued a decision in State v. Guay, holding that the defendant’s unlawful operation of a solid waste facility or septic system can result not just in civil fines, but also in criminal penalties.
    United StatesEnvironment
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Full Details On Union Election Rules

    The purpose of a pre-election hearing is to determine if a question of representation exists (i.e. whether a secret ballot election should be held) and not to determine questions of voter eligibility which can be resolved after an election is held.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Maine Driver Overtime Exemption Becomes More Closely Aligned With Federal Law

    The federal Fair Labor Standards Act ("FLSA") provides an exemption from its overtime requirements for employees covered by the Motor Carrier Act.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Putative Class Action Tossed As Time-Barred

    Last week, in Abdallah v. Bain Capital LLC, United States District Judge Joseph L. Tauro of the District of Massachusetts dismissed a putative class action lawsuit against Bain Capital LLC because the action was time-barred.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    EPA Amends All Appropriate Inquiries Rule To Clarify Best Practices

    The EPA has amended its "All Appropriate Inquiries" Rule (AAI Rule) to reference the recently published ASTM International E1527–13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," commonly referred to as the "ASTM Phase I Standard."
    United StatesEnvironment
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Section 316(b) Of The Clean Water Act - Cooling Water Intake Requirements - Update

    Section 316(b) of the Clean Water Act requires that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.
    United StatesEnvironment
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Eloise Vitelli Wins Special Election for Senate District (Under the Dome: Inside The Maine State House Special Edition 8.28.13)

    Under the Dome: Inside the Maine State House is a regular update that provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Governor Lepage Delivers State Of The State Address (Under The Dome: Inside The Maine State House 2.7.14)

    On the evening of February 4th, Governor LePage appeared before a Joint Session of the Legislature to deliver his State of the State Address.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    The Primacy Doctrine And Appellate Advocacy

    As readers of this blog know, state constitutional interpretation has been a matter of discussion here and at the Maine Law Court over the last few years.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Legislature Almost Done With First Regular Session Of The 126th (Under the Dome: Inside the Maine State House 6.21.13)

    Maine Today Media ran a series of articles critical of Department of Environmental Protection Commissioner Patricia Aho.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP

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