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HTMLPort Arthur LNG Files Draft Resource Reports with FERC
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 7, 2015, previously published on May 6, 2015
Port Arthur LNG has filed Draft Resource Reports 1 (General Project Description) and 10 (Alternatives) with FERC as part of the pre-filing environmental review process for its proposed liquefaction and LNG export terminal near the City of Port Arthur, Texas.

 

HTMLD.C. Circuit Vacates 100-Hour Exemption for Emergency Generators
Paul F. Forshay, Daniel E. Frank, Jay Holloway, Emily L. Seidman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 6, 2015, previously published on May 5, 2015
On May 1, 2015, the D.C. Circuit in Delaware v. EPA vacated a portion of EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for Reciprocating Internal Combustion Engines (RICE), which allowed backup / emergency generators to...

 

HTMLN.J. Supreme Court Settles Dispute Regarding Application Of Statute Of Limitations For Claims For Contribution Under The Spill Act
John K. Fiorilla; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 6, 2015, previously published on February 9, 2015
On January 26 of this year, the New Jersey Supreme Court resolved a critical dispute as to whether or not the general six year statute of limitations applies in actions by private parties for contribution under the State’s Spill Act.

 

HTMLSummary Judgment Appropriate in PA Where Frequent Exposure to and Breathing of Asbestos Dust Is Absent
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 6, 2015, previously published on April 29, 2015
The Pennsylvania Superior Court in Sterling v. P&H Mining Equipment, Inc. recently affirmed the Court of Common Pleas of Philadelphia County’s grant of summary judgment in favor of defendant P&H Mining Equipment, Inc. (P&H) because plaintiff Norman Sterling failed to provide the required...

 

HTMLLos Angeles Asbestos Court Ramps up Plaintiffs’ Bankruptcy Trust Disclosure Requirements
Nicolas P. Martin, John E. Rosenthal; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 6, 2015, previously published on April 27, 2015
Asbestos plaintiffs can seek damages in two independent compensation systems: by filing tort claims against solvent defendants and by filing claims with any of the dozens of asbestos bankruptcy trusts established under section 524(g) of the Chapter 11 Bankruptcy Code. These trusts, typically set up...

 

HTMLNew York Court Sets Aside $11 Million Verdict and Puts the Onus on Plaintiffs to Quantify Exposures to Asbestos
Elizabeth M. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 6, 2015, previously published on April 23, 2015
On April 13, 2015, Justice Barbara Jaffe of the Supreme Court, New York County, issued a decision and order granting the motion by Ford Motor Company to set aside the verdict of $11 million in Juni v. A.O. Smith Water Products Co., an asbestos case. The jury awarded the plaintiff $8 million for...

 

HTMLOntario to join Quebec and California in Cap and Trade
John C. Goetz, Alex G. MacWilliam; Dentons Canada LLP;
Legal Alert/Article
May 4, 2015, previously published on April 16, 2015
The Government of Ontario is citing climate change as “one of the greatest challenges mankind has faced.” On Monday, April 13, it announced that it will join Quebec and California in adopting the Western Climate Initiative’s (WCI) Cap and Trade program. This will expand North...

 

HTMLEEOC Finally Issues Notice of Proposed Rulemaking Regarding Application of ADA to Employer Wellness Plans
Jerry L. Stovall; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
May 4, 2015, previously published on April 16, 2015
On April 16, 2015 the EEOC finally issued its long-promised Notice of Proposed Rulemaking ("NPRM"). The NPRM may be viewed at: https://www.federalregister.gov/articles/2015/04/20/2015-08827/amendments-to-regulations-under-the-americans-with-disabilities-act#h-13. Members of the public...

 

HTMLEPA Coal Ash Rule Will Foster Citizen Suits
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
May 4, 2015, previously published on April 1, 2015
EPA has issued its final rule regarding the disposal of coal combustion residuals (CCRs). After seeking comments on whether to regulate CCRs as a hazardous or solid waste, it decided to regulate CCRs as a solid waste under subtitle D of the Resource Conservation and Recovery Act (RCRA), issuing...

 

HTMLAstroturfing the grassroots
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
May 4, 2015, previously published on March 1, 2015
Astroturfing is the practice of masking the sponsors of a message to make it appear as though it originates from and is supported by grassroots participants. A grassroots movement is one naturally and spontaneously originating at the local level to give voice to a particular point of view.

 


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