Jun 5, 2019

Federal Judge Blocks Obama Administration Wetlands, Waters Rule

Wetlands - WOTUS rule

The U.S. District Court for the Southern District of Texas ruled on May 28, 2019, that the Obama administration erred when it crafted the Waters of the U.S. (“WOTUS”) regulation.  The court found that the final version of WOTUS rule deviated too far from a previous draft version which deprived the public of an opportunity to submit public comment on the final rule.  The ruling makes final a preliminary injunction issued last year blocking implementation of the 2015 rule.  The injunction applies to Texas, Lousiana, and Mississippi.  It is unlikely that the procedural error noted by the District Court will… Read more


Apr 17, 2014

Effective Immediately: Brand New Mississippi Lien Laws

In an earlier blog post, we discussed a Fifth Circuit Court of Appeals opinion, Noatex Corp. v. King Constr. of Houston, LLC, 732 F.3d 479 (5th Cir. 2013), which found Mississippi’s Stop Notice Statute unconstitutional. The ruling was particularly harsh because Mississippi did not allow subs and suppliers the right to record a lien. After the ruling, the only apparent recourse for subs and suppliers that had not been paid for work completed was to sue those with whom they had a contract for breach of contract. We questioned how the Fifth Circuit’s ruling would affect Mississippi’s lien laws. Now… Read more


Oct 21, 2013

Mississippi’s Stop Payment Notice Statute Found Unconstitutional

Authored By: Darren Rowles and Scott Cahalan In several states, including Mississippi, California, Arizona, New Mexico, and Washington, subcontractors and suppliers are used to filing a “stop notice” or “stop payment notice” when they are not paid for work performed at a project.  See also North Carolina (lien on funds).  However, the recent holding in Noatex Corp. v. King Constr. of Houston, LLC, 2013 U.S. App. LEXIS 20656, 14-15 (5th Cir. Oct. 10, 2013), calls into question the constitutionality of stop notice statutes and the remedies they provide to lower-tier contractors and suppliers. A stop notice is a notice to… Read more