New EPA "All Appropriate Inquiry" Regulations

On November 1, 2006, the United States Environmental Protection Agency’s “All Appropriate Inquiry (or “AAI”) regulations became effective. The AAI regulations will have an immediate and direct impact on virtually all transactions involving the sale of commercial real property. In particular, the AAI regulations will result in significant changes to the form and content of Phase I Environmental Site Assessments (“Phase I’s”).

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NLRB Clarifies the Meaning of "Supervisor" Under the National Labor Relations Act

On September 29, 2006, the National Labor Relations Board (NLRB) issued a long-anticipated decision in Oakwood Healthcare, Inc., 348 NLRB No. 37, clarifying which employees are considered “supervisors” for purposes of the National Labor Relations Act (NLRA). Section 2(11) of the NLRA, which was enacted by Congress in 1947 to exclude supervisors from the protections of the NLRA, defines “supervisor” as: any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

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