Article Search Results (2003)
Articles on environmental law
Articles on environmental law
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 | Fifth Circuit Decision Threatens a Tsunami of Climate Change Tort Cases While the Defense Bar Awaits a Circuit Split November 6, 2009, previously published on October 22, 2009 On October 16, the United States Court of Appeals for the Fifth Circuit revived a lawsuit filed by residents and property owners along the Mississippi Gulf coast against several corporations in the energy, fossil fuels and chemicals industries alleging that the defendants were responsible for... |
 | EPA Proposes PSD and Title V Thresholds for Greenhouse Gases - Expects Permitting Requirements to Trigger in March of 2010
November 6, 2009 On September 30, 2009, the U.S. Environmental Protection Agency ("EPA") issued a proposed "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" that would establish a transition period for the implementation of Prevention of Significant... |
| Global Warming Litigation and the Ghost of Mrs. Palsgraf Why Carbon-Heavy Entities Should Be Scared of Both
Kevin P. Braig, Douglas J. Feichtner; Dinsmore & Shohl LLP; November 5, 2009, previously published on November 6, 2009 Any private entity with significant greenhouse gas (GHG) emissions could be identified in the next climate change lawsuit. Filed in 2004 by a coalition of states and land trusts, Connecticut v. American Electric Power was the first major climate change lawsuit identifying private entities as... |
| Court Muddies the Waters on Federal Shoreline Jurisdiction
Marc R. Bruner, Ella Foley Gannon; Bingham McCutchen LLP; November 5, 2009, previously published on October 29, 2009 In United States v. Milner, the Ninth Circuit ruled that federal jurisdiction under the Rivers & Harbors Act is defined by where the mean high water line would have been had shore-defense structures such as seawalls and levees never been built, while jurisdiction under the Clean Water Act is... |
| Will California Ban Consumer Products?
Gene Livingston; Greenberg Traurig, LLP; November 5, 2009, previously published on November 2009 California for decades has sought to lead nationally and internationally in the pursuit of progressive public policies. It's efforts to thwart global warming have been well-documented. It continues with those efforts despite recent fiscal analysis that implementation will hamstring the state's... |
| New Jersey Needs Legislation before Imposing Hefty New Emissions Fee on Northern New Jersey Major Facilities
Ellen Radow Sadat; Drinker Biddle & Reath LLP; November 5, 2009, previously published on November 2, 2009 In this failing economy, some major facilities in New Jersey and eight other areas of the United States may be required to pay a significant annual "emissions fee" until the area complies with the out-dated one-hour ozone limit. Major sources in 12 counties, mostly in northern New Jersey,... |
| Courts Are Hearing Common Law Nuisance Actions on Climate Change
Harvey M. Sheldon; Hinshaw & Culbertson LLP; November 5, 2009, previously published on October 22, 2009 Three recently decided cases point to the possibility of significant litigation arising out of the alleged impact of climate change, especially for larger sources of so-called greenhouse gases, even without Congressional legislation on the issue. In two of these actions, federal appellate courts... |
| Reintroduced Legislation Would Expand Clean Water Act Regulation of Cruise Vessels
Hunton & Williams LLP; November 5, 2009, previously published on October 2009 Legislation that would amend the Clean Water Act (33 U.S.C. 1251 et seq.) to establish new standards and prohibitions for discharges from cruise vessels was introduced in the Senate and House of Representatives on October 21, 2009, by Sen. Dick Durbin (D-IL) and Rep. Sam Farr (D-CA). The bills... |
| Canadian Legislators Still Debating Bill to Impose Social Responsibility Standards on Mining Companies
Michael T. Pickersgill, John A. Terry; Torys LLP; November 2, 2009 The federal parliamentary Committee on Foreign Affairs and International Development has extended until January 28, 2010 its review of Bill C-300, a private member's bill whose stated purpose is to ensure that mining and oil and gas companies with operations in developing countries, and that... |
| FERC Proposes Changes to Qualifying Facility Rules
Troutman Sanders LLP; November 3, 2009, previously published on October 26, 2009 On October 15, 2009, the Federal Energy Regulatory Commission ("FERC" or "the Commission") issued a Notice of Proposed Rulemaking to revise the criteria and procedures for existing or proposed small power production or cogeneration facilities seeking Qualifying Facility... |
