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HTMLCEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption Clarified
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage repair and site revegetation. The decision addressed various CEQA issues, including the environmental baseline determination, the...

 

HTMLNRECA Argues Against CEQ Greenhouse Gas Proposal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 27, 2015, previously published on March 26, 2015
The National Rural Electric Cooperative Association (NRECA) commented Tuesday on draft guidance submitted by the Whitehouse Council on Environmental Quality (CEQ). The draft guidance would require agencies to consider the effect of a proposed action on climate change. NRECA argued that the proposed...

 

HTMLCoast Guard and MARAD Temporarily Suspend Review of Port Ambrose LNG Import Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 27, 2015, previously published on March 26, 2015
The U.S. Coast Guard and the U.S. Maritime Administration (MARAD) have temporarily suspended their review of Liberty Natural Gas’s proposed Port Ambrose deepwater LNG import terminal to be located off the coasts of New Jersey and New York. The suspension was implemented to permit the Coast...

 

HTMLWill Massachusetts’ New UST Regulations Be a Game Changer?
Brian P. Moran; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 3, 2015
You can bet on it! The Massachusetts Department of Environmental Protection (DEP) issued a new set of regulations effective January 2, 2015 that will create major burdens for underground storage tank (UST) owners and operators. These regulations, codified as 310 CMR 80.00, contain expansive...

 

HTMLSeventh Circuit Applies Indiana Choice of Law Rules to Deny Insurance Coverage for Contamination at an Indiana Manufacturing Facility
Jeffrey D. Stemerick; Taft Stettinius & Hollister LLP;
Legal Alert/Article
March 27, 2015, previously published on March 9, 2015
Hoosier land owners sleep well at night knowing that they are insured against liability for environmental contamination because Indiana does not enforce the standard pollution exclusion clauses found in many insurance policies. State Automobile Mut. Ins. Co. v. Flexdar, Inc., 964 N.E.2d 845 (Ind....

 

HTMLBrazil Issues Regulations Implementing the Clean Companies Act
Salim Jorge Saud Neto; Tauil & Chequer Advogados in association with Mayer Brown LLP;
Legal Alert/Article
March 27, 2015, previously published on March 20, 2015
More than a year after Brazil enacted the Clean Companies Act (Law 12,846 of August 1, 2013) ("CCA"), President Dilma Rousseff signed Decree 8,420 (the “Decree”) to regulate the Act. The regulations came on the heels of massive protests against corruption.

 

HTMLPublic Nuisance Claims Displaced by CERCLA
E. Chase Dressman; Taft Stettinius & Hollister LLP;
Legal Alert/Article
March 27, 2015, previously published on January 20, 2015
In a case of first impression, the Eastern District of Washington recently ruled in Anderson, et al., v. Teck Metals, Ltd. CV-13-420-LRS that CERCLA displaced federal common law public nuisance claims for alleged damages from the release of hazardous substances in smelter emissions. This case is an...

 

HTMLSacramento Kings Win Again; Second CEQA Challenge Rejected
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Court of Appeal for the Third Appellate District of California has ruled in favor of the City of Sacramento with regard to a series of challenges brought under CEQA to certification of an EIR and approval of a project to build a new arena in downtown Sacramento. The project involves a...

 

HTMLTSCA Reform 2015: A Tale of Two Bills
Martha E. Marrapese; Keller and Heckman LLP;
Legal Alert/Article
March 27, 2015, previously published on March 13, 2015
On March 10, 2015, Senators Tom Udall (D-NM), David Vitter (R-LA), and a coalition of 15 additional democratic and republican Senators, introduced the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), a bipartisan bill to reform the Toxic Substance Control Act...

 

HTMLAboveground Storage Tank Act Update: Statutory Amendment Introduced
Mark D. Clark, M. Katherine Crockett, David L. Yaussy; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
March 27, 2015, previously published on February 4, 2015
On February 3, 2015, House Bill 2574 (“HB 2574”) was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act (the “AST Act”) during the 2014 regular session...

 


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