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From the Ground Up

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Real Estate Commission Structure Found to Violate Antitrust Law
On October 31, 2023, a federal jury handed down the verdict: the National Association of Realtors and several national brokerages (collectively, NAR) “conspired to require home sellers to pay the broker representing the buyer of their homes in violat...
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Proposed Prop 65 Pose Increased Litigation Risks
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed changes to the short form warnings currently permitted by Proposition 65. These changes have the potential to greatly raise the cost of doing business in California....
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Wetlands Definition Watered Down: EPA Responds to U.S. Supreme Court Ruling
For decades, developers and environmental groups have disagreed about the scope of the Clean Water Act. The definition under scrutiny—the “Waters of the United States,” also known as WOTUS—establishes the geographic scope of federal jurisdiction unde...
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Oregon Energy Facility Siting Council Provides Clarity on Renewable Energy Project Compliance with Statewide Planning Goals
On August 31, 2023, the Oregon Energy Facility Siting Council (the “Council”) issued a final order approving a site certificate for the Nolin Hills Wind Power Project (the “Project”), a significant wind, solar, and energy storage facility to be built...
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Meet Me in the Middle: The New Middle Housing Bill Explained
2023 was a landmark session for housing legislation in Washington, responding to an “unprecedented housing crisis” brought on by the shortage in housing supply and the dearth of affordable housing options. Arguably one of the most significant bills p...
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Contract Drafting 101: Implied Warranties and Design Delegation
Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is confronted by an owner’s claims t...
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