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|EPA Proposes to Amend All Appropriate Inquiry Rule for Real Estate Due Diligence|
Aaron Gershonowitz; Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana LLP;
May 28, 2015, previously published by New York Real Estate JournalThe 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...
|Revised Draft Guidance Regarding Greenhouse Gas Emissions and Climate Change in NEPA Reviews|
Deana M. Bennett; Modrall Sperling;
May 27, 2015Introduction: On December 18, 2014, the Council on Environmental Quality ("CEQ") issued revised draft guidance ("Revised Draft Guidance")1 for analyzing greenhouse gas ("GHG") emissions and climate change impacts in National Environmental Policy Act ("NEPA")...
|Petronas to Make Conditional FID on B.C. LNG Terminal Soon|
Sutherland Asbill Brennan LLP;
May 27, 2015, previously published on May 26, 2015The 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...
|Global CEOs Write Open Letter to World Leaders Urging Concrete Climate Action|
Nick Faas; Jones Day;
May 26, 2015, previously published on Spring 2015On 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...
|District 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;
May 26, 2015, previously published on Spring 2015On 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...
|Fourth Circuit Court of Appeals Holds Hostile Work Environment Can Be Created With A Single Racial Epithet|
Paul M. Lusky; Ford & Harrison LLP;
May 26, 2015, previously published on May 20, 2015Despite 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...
|First Australian Carbon Abatement Auction|
Jim Parker; Jones Day;
May 26, 2015, previously published on Spring 2015In 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...
|D.C. Circuit Hears Oral Argument on Challenge to Carbon Sequestration RCRA Conditional Exclusion|
Daniella A. Einik; Jones Day;
May 26, 2015, previously published on Spring 2015In 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...
|FERC 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;
May 25, 2015, previously published on Spring 2015While 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...
|Senate Committee Passes Amended TSCA Reform Bill, S. 697|
Martha E. Marrapese, Adrienne M. Timmel; Keller and Heckman LLP;
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...