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HTMLD.C. Circuit Hears Oral Argument on Challenge to Carbon Sequestration RCRA Conditional Exclusion
Daniella A. Einik; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
In December 2010, the United States Environmental Protection Agency ("EPA") promulgated regulations under the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., creating a new category of underground injection wells—Class VI—to govern underground injection of carbon...

 

HTMLBank Fees Class Action in Australia Fails Before Full Federal Court
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
In Paciocco v Australia and New Zealand Banking Group Limited ("ANZ") [2015] FCAFC 50, the Full Court of the Federal Court of Australia (the intermediate appeals court in the Federal Court hierarchy) overturned the trial judge's finding that ANZ credit card late payment fees were...

 

HTMLIn re El Paso Pipeline Partners, L.P. Derivative Litigation: A Cautionary Tale for MLPs and Yieldcos
Gerald P. Farano, Patrick Metz, Danielle M. Varnell; Jones Day;
Legal Alert/Article
May 25, 2015, previously published on Spring 2015
The Delaware Court of Chancery, in In re: El Paso Pipeline Partners, L.P. Derivative Litigation, C.A. No. 7141-VCL, 2015 WL 1815846 (Del. Ch. Apr. 20, 2015), found that a master limited partnership ("MLP") overpaid its parent corporation by $171 million for certain "dropdown"...

 

HTMLCeres Asks SEC to Review Oil Company Reporting
Charles T. Wehland; Jones Day;
Legal Alert/Article
May 25, 2015, previously published on Spring 2015
The investor group Ceres asked the SEC to scrutinize the alleged failure of oil companies to disclose carbon asset risk by oil companies. An April 17, 2015 letter from Ceres on behalf of investors representing more than $1.9 trillion in assets under management specifically requests the SEC to issue...

 

HTMLDuPont's Proxy Contest Victory: A Turning Point for Companies' Responses to Activism?
Lyle G. Ganske, Jennifer C. Lewis, Robert A. Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
May 25, 2015, previously published on May 2015
This highly celebrated DuPont victory signals that shareholders recognize that not all companies require activist intervention or a seismic change in strategy—DuPont's strong financial performance and implementation of strategic initiatives supported its contention that it was pursuing a...

 

HTMLD.C. Circuit Hears Challenge to Clean Power Plan Regulations
Casey F. Bradford, Simon P. Hansen, Charles T. Wehland; Jones Day;
Legal Alert/Article
May 25, 2015, previously published on Spring 2015
On April 16, 2015, the United States Court of Appeals for the District of Columbia ("D.C. Circuit") heard oral arguments in two consolidated cases that challenge EPA's proposed greenhouse gas emission standards for existing coal-fired power plants (the "Clean Power Plan"). The...

 

HTMLFERC Declines to Expand Consideration of GHG Emissions in Project Approvals but Allows Recovery of Environmental Compliance Costs in Certain Cases
Mosby G. Perrow, Erica Elizabeth Stauffer; Jones Day;
Legal Alert/Article
May 25, 2015, previously published on Spring 2015
While the D.C. Circuit remanded a pipeline approval to the Federal Energy Regulatory Commission ("FERC") last year in Delaware Riverkeeper v. FERC for failing to consider the "cumulative environmental impacts" of new natural gas pipeline projects and expansions as required by...

 

HTMLApplication of VAT Rules to Transactions between Head Office and Permanent Establishment
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
For French corporation tax purposes, a French permanent establishment (PE) of a non-French tax resident corporation is treated as a separate taxable person including, generally, in its dealings with its head office. International tax treaties, signed by France, define how income and expenses...

 

HTMLFair Work Commission Rules that Compulsory Health Assessments are Unreasonable
Adam Salter; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
In Transport Workers' Union v Cement Australia Pty Ltd [2015] FWC 158, the Fair Work Commission ("FWC") ruled that it was unreasonable for Cement Australia Pty Ltd ("Cement Australia") to introduce a compulsory Physical Risk Review Program (the "Program")....

 

HTMLIllustration of the VAT Recovery Principles Applicable to Sales of Shares
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
The Conseil d'Etat has already had the opportunity to rule on the recoverability of the input VAT attached to the costs pertaining to an acquisition of shares.

 


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