Chenoweth Law Group, P.C.
A Portland, Oregon law firm practicing in
Oregon • Washington • California
Toll Free 866-489-5384 Portland 503-446-6261

Portland Environmental and Real Estate Law Blog

Oregon's Clean Fuels law faces opposition from fuel companies

Oregon recently passed a Clean Fuels law, though it has not yet gone into effect. In order to make sure that it doesn't, a group of truckers and others in the fuel manufacturing industry has started a lawsuit to block the new regulations. These companies and individuals are not from Oregon, but from out of state.

According to the group, the new law is a violation of U.S. Constitution, breaking the commerce clause. They say that the companies that make biofuels in Oregon will get an advantage in the state that is unfair to others in the industry. Groups involved in the lawsuit include the American Fuel & Petrochemical Manufacturers, the Consumer Trade Association and the American Trucking Association Inc.

Fight against Oregon construction lawsuit cases

Finding out that someone is alleging that you didn't do a good job on a building project is enough to make a contractor or builder stop cold in their tracks. When that happens, one of the first things you might decide to do is seek representation to defend your good name. There are several different types of construction disputes we can help you with.

If you are facing claims from the Oregon Construction Contractors Board or a state agency action, we can help you to defend your actions and your work. If you are facing private lawsuits or surety claims, we can help you.

Real estate dispute over sorority house heats up

Sorority houses, like fraternity houses, are often viewed as institutions where memories are made. Hundreds of sorority sisters and fraternity brothers will come and go through their halls, studying industriously and earning their degrees while making social connections that may very well last for the rest of their lives. However, buildings in sorority and fraternity systems can be just as vulnerable to conflicts over land and buildings as any other. That is the case in a dispute between Alpha Omicron Pi Fraternity Inc., and the company that controls that Alpha Omicron Pi sorority house at UC Berkely.

At issue is a claim by AOP Inc., that the local company, Sigma 1916, has not been acting in accordance with a 2005 directive from AOP. The directive told Sigma 1916 to alter their bylaws. The alteration involves transitioning to "coordinated property management" according to AOP's public relations assistant director. Members of Sigma 1916's board has expressed concern about that.

What is arbitration for employment disputes?

The Adrian Peterson case that we discussed last week is one example of an employment dispute. In his case, he appealed the decision of the arbitrator because he didn't agree with the suspension handed down from the NFL. That might have some of our Oregon readers wanting to know more about employment arbitration agreements.

What is an employment arbitration agreement?

Adrian Peterson: Employment dispute leads to federal appeal

The federal court system is often a forum for a variety of issues that can affect a large number of people. While it might not affect a large number of people, a recent case heard by U.S. District Judge David Doty might interest some of our Oregon readers who are National Football League fans.

If our readers recall, Adrian Peterson has been suspended by the NFL after the outcome of a domestic violence case having to do with child abuse. His suspension was based on new guidelines governing the league's personal conduct policy. The incident for which Peterson was suspended occurred prior to the implementation of that enhanced penalty clause.

Basic points of Oregon's Measure 91

In our blog post last week, we discussed the current controversy surrounding Measure 91. If you remember, we discussed how lawmakers are trying to alter some points of the measure, which has some supporters upset and threatening to take legal action. Some of our Oregon readers might not be all that familiar with the measure, so we are going to take this opportunity to discuss some of the main points.

Measure 91 is the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act. It takes away the penalties for people who are 21 years old and older who want to use, grow, and possess marijuana in limited amounts. It gives the Oregon Liquor Control Commission the right to regulate, establish and license businesses involved in the marijuana business.

Oregon's Measure 91 might be changing through Senate Bill 542

News of legalizing marijuana is prevalent across the country. Some people think that states should follow Colorado's lead and make recreational marijuana legal. Other people think that isn't the right way to go. Oregon is one of the states that has opted to follow Colorado's lead when it comes to recreational marijuana.

In Oregon, recreational marijuana will become legal in July. At some point in 2016, the first retail shops are expected to open their doors. This comes after Oregon voters passed Measure 91, a bill that ended the ban on recreational marijuana for adults who are 21 years old or older.

Environmental law concept: Clean Water Act points to consider

In our post last week, we talked about how dealing with issues involving the Clean Water Act can prove complicated. Our Oregon readers might like to know more about the Clean Water Act. This act is meant to protect the water supply. It is a federal act, so it is universal across the country.

The CWA regulates pollutants that are discharged into the environment. This includes pollutants that are indirectly discharged and those that are directly discharged. Some examples include fecal coliform, grease, oil, biochemical oxygen demand and pH. While those are considered the conventional pollutants, the CWA also includes non-conventional pollutants.

Environmental law and the Clean Water Act

We have discussed a variety of cases on this blog. Some of those have had to do with environmental law. The Clean Water Act is one of those laws that has a very important purpose in our world. We understand the act and know its purpose. We also know that businesses need to be able to function in order to help the people who benefit from them. No matter what side of the battle you are on, we have the knowledge of the law to help you learn about your rights and the options you have.

We have experience with how the act is handled in Oregon, California and Washington. While the act is a federal law and remains the same no matter which state the battle is in, the law is enforced and the water is assessed in different manners. This can make it difficult for some people to learn about the specifics for their state.

Ways in which car accident liability is established

Oregon drivers may be interested how liability is ascertained after a car accident. Without this important information, it may be difficult to prove that a driver was negligent and caused the accident. There are several ways to establish liability, and being aware of what to do may help. When an accident happens, it is necessary to document how it occurred. In some municipalities, police are no longer required to appear at an accident site if no one was injured. If authorities are on site, obtaining a copy of what is reported may assist in proving fault. An insurance company may use this in its assessment of the accident.

The police report includes the officer's conclusions based on an evaluation of the accident. Speeding prior to a crash often results in skid marks of varying lengths. Witness accounts and traffic tickets may be noted in the report. If the report appears to be in error, it may be possible to amend it. The difficulty here may reflect the type of error that was made. In addition, the procedure to amend the report might differ from one jurisdiction to another.

  • Avvo
  • OPB