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HTMLEPA Proposes to Amend All Appropriate Inquiry Rule for Real Estate Due Diligence
Aaron Gershonowitz; Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana LLP;
Legal Alert/Article
May 28, 2015, previously published by New York Real Estate Journal
The Environmental Protection Agency published a notice in the June 17, 2014 Federal Register proposing to amend the All Appropriate Inquiries Rule (the AAI Rule) that applies to environmental due diligence in real estate transactions. The AAI Rule attempts to define the level of inquiry a purchaser...

 

HTMLRevised Draft Guidance Regarding Greenhouse Gas Emissions and Climate Change in NEPA Reviews
Deana M. Bennett; Modrall Sperling;
Legal Alert/Article
May 27, 2015
Introduction: On December 18, 2014, the Council on Environmental Quality ("CEQ") issued revised draft guidance ("Revised Draft Guidance")1 for analyzing greenhouse gas ("GHG") emissions and climate change impacts in National Environmental Policy Act ("NEPA")...

 

HTMLPetronas to Make Conditional FID on B.C. LNG Terminal Soon
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 27, 2015, previously published on May 26, 2015
The Globe and Mail reports that Malaysian state oil company Petronas, primary sponsor of the proposed Pacific Northwest LNG export terminal in British Columbia (B.C.), expects to make a conditional final investment decision (FID) on the project within the next few weeks. The article also identifies...

 

HTMLGlobal CEOs Write Open Letter to World Leaders Urging Concrete Climate Action
Nick Faas; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
On April 16, 2015, CEOs from 43 companies and 20 economic sectors, with operations in more than 150 countries and territories, published a letter urging world leaders to reach an ambitious climate deal at the United Nations Climate Change Conference of the Parties 21 ("COP21") to be held...

 

HTMLDistrict Court Holds Coal Companies Have Standing to Sue EPA for Failing to Evaluate Losses of Employment that May Result From Enforcement of the Clean Air Act
Jane Borthwick Story; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
On March 24, 2014, multiple coal companies filed suit against the Administrator of EPA in the United States District Court for the Northern District of West Virginia. Murray Energy Corp. v. McCarthy, No. 5:14-CV-39. The plaintiffs alleged that EPA failed to comply with § 321(a) of the Clean...

 

HTMLFourth Circuit Court of Appeals Holds Hostile Work Environment Can Be Created With A Single Racial Epithet
Paul M. Lusky; Ford & Harrison LLP;
Legal Alert/Article
May 26, 2015, previously published on May 20, 2015
Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an actionable claim of harassment, see, e.g., Faragher v. City of Boca...

 

HTMLFirst Australian Carbon Abatement Auction
Jim Parker; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
In April 2014, the Australian Federal government released a White Paper outlining the design of the Emissions Reduction Fund ("ERF"), which was covered in the Summer 2014 issue of the Climate Report. The ERF is the cornerstone of the Coalition government's Direct Action Plan, which...

 

HTMLD.C. Circuit Hears Oral Argument on Challenge to Carbon Sequestration RCRA Conditional Exclusion
Daniella A. Einik; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
In December 2010, the United States Environmental Protection Agency ("EPA") promulgated regulations under the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., creating a new category of underground injection wells—Class VI—to govern underground injection of carbon...

 

HTMLFERC Declines to Expand Consideration of GHG Emissions in Project Approvals but Allows Recovery of Environmental Compliance Costs in Certain Cases
Mosby G. Perrow, Erica Elizabeth Stauffer; Jones Day;
Legal Alert/Article
May 25, 2015, previously published on Spring 2015
While the D.C. Circuit remanded a pipeline approval to the Federal Energy Regulatory Commission ("FERC") last year in Delaware Riverkeeper v. FERC for failing to consider the "cumulative environmental impacts" of new natural gas pipeline projects and expansions as required by...

 

HTMLSenate Committee Passes Amended TSCA Reform Bill, S. 697
Martha E. Marrapese, Adrienne M. Timmel; Keller and Heckman LLP;
Legal Alert/Article
May 25, 2015, previously published on May 14, 2015
On April 28, 2015, the Senate Environment and Public Works Committee passed an amended version of the bipartisan bill S. 697, the “Frank R. Lautenberg Chemical Safety for the 21st Act.” The amended bill passed out of Committee with an ample majority, by a vote of 15-5. Several...

 


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