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HTMLGerman Renewable Energy Act—Changes in 2014
Thomas Berg; Jones Day;
Legal Alert/Article
July 29, 2014, previously published on July 2014
The amended German Renewable Energy Act ("REA") takes effect on August 1, 2014 and will cause significant changes to Germany's renewable energy landscape, including increased electric generation production targets from renewable energy sources, increased plant capacity, replacement of...

 

HTMLCase Comment - Tsilhqot’in Nation v. British Columbia, 2014 SCC 44
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 3, 2014
On June 26, 2014 the Supreme Court of Canada (the “SCC”) released its much anticipated decision in Tsilhqot’in Nation v. British Columbia. The case is significant, in part, because it is the first SCC decision where the applicant, First Nation, successfully proved its claim to...

 

Adobe PDFClimate Change Makes Strange Bedfellows
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
Here is a huge generality, but it’s mostly true. Environmental groups usually support the issue of environmental justice and they are mostly unimpressed with any smokestack industry attempt to follow various environmental rules. However, in the case of carbon trading, at least here in...

 

Adobe PDFSupreme Court Rules that CERCLA Does Not Preempt State Statutes of Repose
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
In CTS Corp. v. Waldburger, the Supreme Court held 7-2 that Section 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt state statutes of repose, resulting in the dismissal of the landowners’ state law claims for water contamination...

 

Adobe PDFEPA Issues Final Rule for Existing Cooling Water Intake Structures
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
On May 19, 2014, the Environmental Protection Agency (EPA) issued a final rule under Section 316(b) of the Clean Water Act that is meant to protect aquatic organisms, such as fish and shellfish, that are pressed against cooling water intake structures (impingement) or are pulled into a power...

 

HTMLOnly When a Permit is Required: The Supreme Court Caps the EPA’s Authority to Regulate Greenhouse Gas Emissions from Stationary Sources
Matthew Klinger; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 28, 2014, previously published on July 21, 2014
On June 23, 2014, the United States Supreme Court held that the Environmental Protection Agency (EPA) overstepped its authority under the Clean Air Act when it attempted to regulate greenhouse gas emissions from stationary sources not already subject to a permit controlling emissions of more...

 

Adobe PDFCertain Environmental Cleanup Costs May Not Be Covered by Insurance Where Administrative Orders Were Not “Adversarial” or “Coercive” Enough
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
Here is a huge generality, but it’s mostly true. Environmental groups usually support the issue of environmental justice and they are mostly unimpressed with any smokestack industry attempt to follow various environmental rules. However, in the case of carbon trading, at least here in...

 

Adobe PDFEPA Proposes Phase I Environmental Site Assessment Protocol Requiring Vapor Intrusion Investigation
Morris Polich Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
The tragedy of September 11, 2001 forced the Second Circuit of the Court of Appeals to address the application of an infrequently used affirmative defense to liability under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) in the In re September 11...

 

Adobe PDFSuperfund Liability for September 11 Attacks
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
The tragedy of September 11, 2001 forced the Second Circuit of the Court of Appeals to address the application of an infrequently used affirmative defense to liability under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) in the In re September 11...

 

HTMLIDEM Interprets AAI Rule to Run from Date of Beginning of Investigation
Jeffrey D. Stemerick, Bradley R. Sugarman; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 26, 2014, previously published on July 17, 2014
The Indiana Department of Environmental Management (“IDEM”) has updated forms related to obtaining a Comfort Letter or Site Status Letter for brownfields sites in Indiana. The purpose of the update was to address the timeline for compliance with the All Appropriate Inquiries...

 


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