From the Ground Up
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Discovery of Generative AI in Construction Disputes
Recent decisions on discovery of generative AI usage, particularly prompts, searches, and outputs, reflects a judicial instinct to apply familiar doctrinal framework to new technology, rather than create AI-specific discovery rules. Two decisions iss...
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Scylla and Charybdis in Public Contracting: EO 14398 and MBE Mandates
Executive Order 14398, signed March 26, 2026, is forcing contractors to rethink diversity practices in public procurement. EO 14398 targets “racially discriminatory DEI activities,” placing federal contractors under heightened scrutiny for decision-m...
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Retainage Bonds: A Practical Guide for Contractors and Owners in Washington
This article was prepared by Miller Nash attorney Jim Yand and Integrity Surety founder Kara Skinner as an accompaniment to their April 2026 American Subcontractors Association of Washington presentation entitled “Bonded Instead of Waiting: Understan...
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CARB Adopts Initial Regulations for SB 253 and SB 261: What Businesses Need to Know Now
The California Air Resources Board (CARB) has now taken a significant step toward implementing California’s climate disclosure laws, SB 253 and SB 261, by formally adopting the agency’s first set of implementing regulations.
While these regulations r...
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Starting the Clock: Identifying the Trigger for CERCLA’s Six-Year Statute of Limitations for a § 107(a) Claim for “Remedial Action” Costs
Miller Nash partner Fabio Dworschak's article “Starting the Clock: Identifying the Trigger for CERCLA’s Six-Year Statute of Limitations for a § 107(a) Claim for ‘Remedial Action’ Costs,” was published in Vol. 55, No. 2 of the Texas Environm...
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Under Pressure: Where Landfill Gas Regulation Stands Today
The management of municipal solid waste (MSW) has come a long way from disposal through open burning or discarding in unlined dumps or waterways. Modern MSW landfills are intentionally designed, highly regulated systems of environmental controls. But operating an MSW landfill comes with unique challenges to maintain protection of public health and the environment. These disposal sites accept a wide variety of municipal waste from households and businesses. As junk goes in, so must junk come out—landfills produce leachate and landfill gas, both of which must be managed in accordance with federal and state regulations. This article provides a brief overview of the current state of regulation and management of landfill gas from MSW landfills.
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