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HTMLPennsylvania Announces Planned New Methane Rules
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 2016
On January 19, 2016, Pennsylvania Governor Tom Wolf announced a “nation-leading strategy” to reduce emissions of methane associated with natural gas production, processing and transmission. Citing the fact that Pennsylvania is the second-largest producer of natural gas in the nation...


HTMLParty Not Entitled to Counsel Fees for Either Negotiations or Litigation Involving Access Agreement for Remediation on Residential Property
Kevin T. Bright, Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 14, 2016
In State Farm Fire and Casualty Insurance Company v. Florkiewicz, 2008 N.J. Super. Unpub. LEXIS 572 (App. Div. 2008), State Farm Fire and Casualty Insurance Co. appealed from a judgment which granted Marion Florkiewicz’s application for counsel fees incident to the negotiation of an access...


HTMLNew BLM Guidelines Establish Mitigation Fees for Solar Projects on Public Lands in Southwestern United States
Phyllis J. Kessler; Duane Morris LLP;
Legal Alert/Article
July 23, 2016, previously published on April 2016
The Bureau of Land Management (BLM) expanded its roadmap for development of solar projects on government land by releasing new guidelines on March 2, 2016. The new guidelines expand the federal government¿s approach to its Western Solar Plan, which commenced in 2012.


HTMLProposed Changes to B.C.’S Contaminated Sites Legal Regime
Luke Dineley; Borden Ladner Gervais LLP;
Legal Alert/Article
July 23, 2016, previously published on July 14, 2016
The B.C. Ministry of the Environment (the "ministry") plans to update some aspects of B.C.'s contaminated sites legal regime under the Environmental Management Act (the "Act") and its Regulations. The ministry has issued two intentions papers, outlining the ministry's new...


HTMLApproved Jurisdictional Determinations Now Subject to Appeal
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 2016
In a game-changing decision for the world of wetlands law and beyond, the United States Supreme Court has held that U.S. Army Corps of Engineers-approved “jurisdictional determinations” (commonly referenced as “JDs”) constitute “final agency action” and can be...


HTMLAlberta Announces Bill 20 - The Climate Leadership Implementation Act
Thomas W. McInerney, Duncan M. McPherson, L. Alan Rautenberg; Bennett Jones LLP;
Legal Alert/Article
July 21, 2016, previously published on May 26, 2016
On May 24, 2016 the Alberta government introduced Bill 20 - Climate Leadership Implementation Act (the CLIA). The CLIA establishes the legislative framework for Alberta's new carbon tax (referred to in the CLIA as the carbon levy). While many details are still to come in regulations that have not...


HTMLMaritime Administration Releases DEIS for Delfin LNG Application
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 15, 2016, previously published on July 15, 2016
The U.S. Maritime Administration has released its Draft Environmental Impact Statement (DEIS) for Delfin LNG’s application for a license to construct and operate a deepwater port LNG export terminal and interconnected pipeline. The proposed Delfin LNG export terminal would be located in...


HTMLFish and Wildlife Service Proposes Changes to Eagle Protection Regulations
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
Legal Alert/Article
July 15, 2016, previously published on July 2016
On May 6, 2016, the U.S. Fish and Wildlife Service ("FWS") proposed changes to its regulations under the Bald and Golden Eagle Protection Act. FWS is accepting comments on the proposed rule until July 5, 2016.


HTMLBill 104: A Statute to Increase the Number of Electric Vehicles on the Québec Market
Marie-Claude Bellemare, Alexandre Desjardins; Borden Ladner Gervais LLP;
Legal Alert/Article
July 14, 2016, previously published on June 29, 2016
On June 2, 2016, the Government of Québec tabled Bill 104, entitled An Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (the "ZEV Bill")1. This Bill is related to the objectives of...


HTML5th Circuit Rules on Civil Penalties in Citizen Lawsuit Case
Stanley A. Millan; Jones Walker LLP;
Legal Alert/Article
July 12, 2016, previously published on June 15, 2016
The Fifth Circuit in Environmental Texas Citizen Lobby, Incorporated; Sierra Club v. ExxonMobil Corporation, ---F.3rd--- (5th Cir. May 27, 2011), reversed and remanded a Clean Air Act citizen lawsuit (42 U.S.C. §7604) case on issues of ongoing or repeated air permit violations and assessment...


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