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|The Legal and Regulatory Framework for Mining in Nigeria: A Catalyst for Investment|
Azeez Akande, Oladotun Alokolaro; Advocaat Law Practice;
February 4, 2016, previously published on December 2015There is no gain saying that Nigeria is richly endowed with various mineral deposits. As at the last count, the Ministry of Mines and Steel Development (“Ministry”) has identified about 44 different mineral occurrences across the country notable amongst which are Coal, Iron, Lead and...
|China Begins Enforcing Newly Amended Environmental Protection Law|
Lillian He, Michael Vella; Jones Day;
February 2, 2016, previously published on January 2016The Environmental Protection Law (the "EPL") of the People's Republic of China ("PRC") was promulgated more than 25 years ago. But only recently have substantive amendments to the EPL, combined with public awareness and government leadership, provided reason to hope that the EPL...
|State Amending Proposition 65 "Clear and Reasonable Warning" Regulations|
Evelyn F. Heidelberg; Procopio, Cory, Hargreaves & Savitch LLP;
January 29, 2016, previously published on December 2015Under proposed amendments released in late November to the Prop 65 regulations in effect for the past 27 years, the California Office of Environmental Health Hazard Assessment (“OEHHA”) would require businesses to change their warnings if they want to gain the benefit of the regulatory...
|The Many Faces of the Environment|
Steven L. Hoch; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015This time of year is celebrated with good cheer, family, and tradition. The MPP environmental family has decided to continue our own tradition by once again reciting a poem with changes the original author would not have imagined. If he was still around I am sure he would want to beat me with a...
|Dischargers Find No Harbor in the Clean Air Act from State Common Law Claims|
Richard E. Stultz; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015On November 2, 2015, citing the Clean Air Act’s (“the Act”) “savings” clause, principles of federalism and analogizing with the Clean Water Act and its case law, the Sixth Circuit Court of Appeals found that the Act does not preempt claims based on a source...
|U.S. Army Corps of Engineers not Required to Conduct NEPA Analysis of Entire 593-Mile Oil Pipeline when 95 Percent of Pipeline Crossed Purely Private Property|
Hubert T. Lee; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015On September 29, 2015, the D.C. Circuit in Sierra Club v. U.S. Army Corps of Engineers (D.C. Cir. No. 14-5205) upheld a federal district court dismissal of an environmental group's National Environmental Policy Act (NEPA) and Clean Water Act claims against the U.S. Army Corps of Engineers...
|Appeals Court Can See the Forest for the (Old) Trees|
Christopher G. Foster; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015In 1976, the City of Santa Cruz (City) sought to protect its urban forest by adopting the "Heritage Tree Ordinance," which governs the protection of large trees and trees having other significance. The City later adopted the "Heritage Tree Removal Resolution," which governs the...
|Ninth Circuit Requires EPA to Apply Scientific Studies Supporting Its Actions in Regulating Honeybee Pesticide|
Summer L. Nastich; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015The Ninth Circuit gave the Environmental Protection Agency (EPA) a strong rebuke in relation to the unconditional registration of sulfoxaflor, a pesticide toxic to honeybees, in Pollinator Stewardship Council v. U.S. Environmental Protection Agency. In this case, the Ninth Circuit stated clearly...
|Pre-CERCLA Indemnification Agreements Can Release PRPs From Liability|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015The Seventh Circuit recently agreed with a district court that an indemnity agreement, entered into before the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) became law, barred a contribution claim under CERCLA. Peoples Gas Light & Coke Co. v. Beazer E., Inc.,...
|Upcoming Deadline for TSCA "Polymer Exemption" Notification|
Thomas C. Berger; Keller and Heckman LLP;
January 22, 2016, previously published on January 8, 2016An important deadline is approaching for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption," in that the one-time notification to the U.S. Environmental Protection Agency (EPA) that must identify the number of polymers first...