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|Proposition 65 Amendment Seeks To Simplify Process For Determining Safe Harbors|
Christopher G. Foster; Morris Polich & Purdy LLP;
May 20, 2015, previously published on April 29, 2015Through the initiative process, California voters adopted the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Proposition 65 prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to...
|Little Hocking Water Association, Inc. v. E.I. Du Pont de Nemours and Company Determines Some Issues Where the Resource Conservation and Recovery Act, the Clean Water Act, and the Clean Act Meet in a Way That May Make it Easier for Plaintiffs to Prevail on Certain Claims|
Summer L. Nastich; Morris Polich & Purdy LLP;
May 20, 2015, previously published on April 29, 2015Plaintiff Little Hocking Water Association (“Little Hocking”) sued Defendant E.I. du Pont Nemours (“DuPont”) on a variety of theories related to the release of considerable volumes of perfluorooctanoic acid (“C8”). The one addressed here is the claim for Imminent...
|Obama’s EPA Rules under Attack|
McDonald Hopkins LLC;
May 15, 2015, previously published on May 8, 2015A centerpiece of the new GOP majorities in Congress has been the effort to roll back many of the Obama administration’s EPA regulations. Next week, Sen. Shelley Moore Capito (R-WV) will introduce a bill challenging the EPA rules limiting greenhouse gas emissions from existing power plants....
|President’s Executive Order Announces New Sustainability Goals Across Federal Supply Chain|
Bradley R. Sugarman; Taft Stettinius & Hollister LLP;
May 14, 2015, previously published on May 1, 2015Executive Order 13693 (the “Order”), issued by President Obama on March 15, 2015, aims to reduce the federal government’s greenhouse gas (“GHG”) emissions while increasing clean energy consumption. The Order applies to all federal agencies by definition and details a...
|Lima Climate Conference Paves the Way Toward a Climate Agreement in Paris|
Marion Cantegrel, Anne-Caroline Urbain; Jones Day;
May 14, 2015, previously published on Winter 2015The 20th session of the Conference of the Parties ("COP") of the United Nations Framework Convention on Climate Change ("UNFCCC") and the 10th session of the COP serving as the meeting of the Parties to the Kyoto Protocol ("CMP") took place in Lima, Peru, in December...
Sean D. Parker; McLennan Ross LLP;
May 14, 2015, previously published on February 23, 2015On February 19, 2015, the Supreme Court of Canada declined to hear an appeal challenging a finding that settlement agreements reached through the Environmental Appeals Board's mediation process are privileged. In May 2014, the Alberta Court of Appeal issued its decision in Imperial Oil Limited v....
|Save the Date--Federal Flood Risk Management Standard Implementation Listening Sessions|
Colodny Fass P.A.;
May 14, 2015, previously published on February 13, 2015To improve the nation's resilience to flooding and better prepare for the impacts of climate change, the President's Climate Action Plan of June 2013 directed federal agencies to take the appropriate actions to reduce risk to federal investments, and specifically to update their flood-risk...
|EPA’s Proposed Nano Rule: What Should You Be Doing Now?|
Jo Anne Shatkin, Katy E. Ward; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 14, 2015, previously published on May 4, 2015On April 6, 2015, EPA published a long-awaited Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA). The Proposed Rule is meant to provide EPA...
|Environmental Groups Sue to Stop Fracking Near Chaco Canyon|
Frank T. Davis; Modrall Sperling;
May 14, 2015, previously published on May 01, 2015The fight over fracturing ("fracking") associated with directional drilling plans for the Mancos Shale in northern New Mexico is heating up. On March 11, 2015, a coalition of environmental groups, including Diné Citizens Against Ruining Our Environment, San Juan Citizens Alliance,...
|READ Act Aims to Centralize Asbestos Reporting|
David M. Governo, Brendan John Tuohy; Governo Law Firm LLC;
May 13, 2015, previously published on May 8, 2015On March 10, 2015 Senators Dick Durbin (D-IL) and Edward Markey (D-MA) introduced the Reducing Exposure to Asbestos Database Act, also known at the READ Act, to the Committee on Environment and Public Works. On April 27, 2015, the House of Representatives followed suit when Reps. Suzan DelBene...