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Adobe PDFDistrict Court Preliminarily Enjoins Expansive Definition of “Water of the United States” under Clean Water Act
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
In North Dakota v. EPA, 2015 WL 5060744 (D.N.D. Aug. 27, 2015) (“North Dakota”), twelve states won a preliminary injunction enjoining the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (“Army Corps”) (collectively, the “Agencies”)...

 

Adobe PDFFifth Circuit Upholds Texas SIP In Déjà Vu All Over Again
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
Under the Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671q, each state must create and administer a State Implementation Plan (SIP) designed to achieve National Ambient Air Quality Standards. The SIP must include a scheme for New Source Review (NSR), which governs pre-construction permits for...

 

Adobe PDFEPA Proposes New Rules under RCRA to Manage Hazardous Waste Pharmaceuticals and to Streamline Hazardous Waste Generator Regulations
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
On August 31, 2015, the U.S. Environmental Protection Agency (EPA) proposed two rules under the Resource Conservation and Recovery Act (RCRA). One proposed rule, called the “Hazardous Waste Generator Improvements Rule,” would affect how waste generators manage and comply with their RCRA...

 

HTMLLegal Challenges to Site C Dismissed 
Tim Pritchard; Borden Ladner Gervais LLP;
Legal Alert/Article
November 4, 2015, previously published on October 21, 2015
In the past few months, several applications for judicial review relating to BC Hydro's Site C Project (the “Project”) have been dismissed. These legal challenges to the Project followed the approval of its environmental assessment at both the provincial and federal levels. By way of...

 

Adobe PDFEPA’s Three-Part RCRA Hazardous Waste Rx for Retailers: Proposed Regulatory Changes for Pharmaceutical Waste and Generator Requirements To Be Followed by New Retail Sector Guidance
Daniel Flynn, David A. Roth; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
November 2, 2015, previously published on October 30, 2015
In 2014, the United States Environmental Protection Agency (EPA) solicited information from the retail sector regarding difficulties encountered in managing hazardous waste under the federal Resource Conservation and Recovery Act (RCRA). EPA’s request followed a wave of enforcement actions in...

 

HTMLEnvironmental Appeal Board Revokes Company Water Licence
Sean Jones, Dionysios Rossi, Rick Williams; Borden Ladner Gervais LLP;
Legal Alert/Article
November 2, 2015, previously published on October 21, 2015
The British Columbia Environmental Appeal Board reversed a water licence issued to Nexen due to serious technical flaws in the scientific evidence upon which the licence was granted, as well as defects in the consultation process with the Fort Nelson First Nation.

 

HTMLReporting “Historical” Contamination: Recent Developments in Manitoba and Saskatchewan
Marie-Claude Bellemare, F.F. (Rick) Coburn, Luke Dineley, Michael G. Massicotte; Borden Ladner Gervais LLP;
Legal Alert/Article
November 2, 2015, previously published on October 20, 2015
Spills are reportable in all Canadian jurisdictions. However, the existence and extent of an obligation to notify regulators of the discovery of historical contamination on one's own property varies from province to province.

 

HTMLAssessing the Value of Brownfield Properties
Timothy Bottomer, Luke Dineley; Borden Ladner Gervais LLP;
Legal Alert/Article
November 2, 2015, previously published on October 21, 2015
In the recent decision of the British Columbia Supreme Court in Victory Motors (Abbotsford) Ltd. v. British Columbia (Assessor of Area No. 15 - Fraser Valley), the court considered how one properly assesses, for taxation purposes, the value of a brownfield property.

 

HTMLEPA’s Final (Sort of) Rule on Carbon
Todd A. Snitchler; McDonald Hopkins LLC;
Legal Alert/Article
October 30, 2015, previously published on August 10, 2015
On August 3, 2015, the United State Environmental Protection Agency (EPA) released the final rule 111(d) for carbon pollution emission guidelines for existing stationary sources (a.k.a. power plants). The carbon rule is arguably the biggest single environmental regulation since the Clean Air Act of...

 

HTMLWhat Does 111(D) Mean for Power Generation?
Todd A. Snitchler; McDonald Hopkins LLC;
Legal Alert/Article
October 30, 2015, previously published on August 17, 2015
What impact will the U.S. EPA’s Rule 111(d) on carbon dioxide emissions have on power generation? Seemingly a lot. Coal fired generating units - both existing and any possible new units - are under incredible financial pressure. Costs of required upgrades at coal facilities, if not already in...

 


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