Why Start a Venture?

A Federal judge set a briefing schedule to examine “Energy Transfer’s claim that granting the easement is a ‘ministerial’ action and mandated since the company has the related permit.”

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Need to Reverse Cottonwood Decision

U.S. Senators Steve Daines and Jon Tester and U.S. Representative Ryan Zinke underscored the urgency in reversing the ruling of the Ninth Circuit Court of Appeals in Cottonwood Environmental Law Center v. U.S. Forest Service by introducing bipartisan bicameral legislation to do just that.

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Bankers Want IRS to Withdraw Rule


The Independent Community Bankers of America (ICBA) has called on the Internal Revenue Service to withdraw a proposal to raise taxes on community banks, family farms and other family-owned businesses. In a comment letter, ICBA said the IRS plan would increase the estate tax on many community banks by more than 30 percent—exacerbating consolidation in the banking industry and harming local communities.

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Midnight Rule Relief Act

On Jan. 4, the US House of Representatives passed the Midnight Rule Relief Act, which would allow Congress to repeal multiple executive branch rules with a single piece of legislation. It would amend the Congressional Review Act, which currently requires a separate “resolution of disapproval” for each rule in question.

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Federal Court’s Injunction Blocks Overtime Rule

A federal judge in Texas granted a preliminary injunction to block the Department of Labor’s (DOL) new overtime regulation. The U.S. District Court in the Eastern District of Texas granted a nationwide preliminary injunction for multiple lawsuits brought by the State of Nevada and 20 other states, and a number of business organizations led by the U.S. Chamber of Commerce. This is a major win for the business community, especially in Montana.

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Regs Coming Fast & Furious

In a rush to cinch political agendas before the end of the current Administration, well over a thousand new rules and regulations, on businesses and industry, have been imposed by federal agencies, over the past few months. That includes 192 major rules, with 16 more “in the hopper”. Major rules are identified as those rules which will each cost the economy more than $100 million to implement.

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Court Upholds CEI Information Request

Last week the Supreme Court of New York ruled for the Competitive Enterprise Institute (CEI) and against the New York Attorney General holding that the New York Attorney General’s office failed to comply with the Freedom of Information Law (FOIL) statute. In fact, the court stated that the AG’s attempt to dismiss the case was a “complete failure” and has ordered that, within 30 days, the AG submit a response to the original FOIL request that “fully complies with the intent and purpose” of the statute. Further, the Court has granted CEI’s request for attorneys’ fees.

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SBA Fee will Remain at Zero

During the Small Business Administration’s FY2017, the one-time SBA guarantee fee will remain at zero and the ongoing SBA guarantee fee for regular 504 loans has been reduced from .914% to .0697%. On 504 Debt Refinance loans the onetime SBA guarantee fee is also zero with the ongoing SBA guarantee fee at .731%.

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Market Update

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