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|Pennsylvania Announces Planned New Methane Rules|
Seth V.D.H. Cooley; Duane Morris LLP;
July 30, 2016, previously published on January 2016On January 19, 2016, Pennsylvania Governor Tom Wolf announced a “nation-leading strategy” to reduce emissions of methane associated with natural gas production, processing and transmission. Citing the fact that Pennsylvania is the second-largest producer of natural gas in the nation...
|FERC Declines to Resolve PURPA Dispute|
Frederick J. Heinle; Duane Morris LLP;
July 30, 2016, previously published on January 2016On January 8, 2016, FERC declined to initiate an enforcement action under the Public Utility Regulatory Policies Act of 1978 (PURPA) in a matter involving a solar developer’s access to Connecticut’s renewable energy procurement program. Allco Renewable Energy Limited (Allco) argued that...
|Implementation of Modernized TSCA Begins|
Thomas C. Berger, Herbert Estreicher, Martha E. Marrapese, David G. Sarvadi, Adrienne M. Timmel; Keller and Heckman LLP;
July 29, 2016, previously published on July 7, 2016On June 22, 2016, "The Frank R. Lautenberg - Chemical Safety for the 21st Century Act," H.R. 2576, was signed by President Barack Obama. Effective the same day, the amended Toxic Substances Control Act (TSCA) includes a new safety standard, extensive changes to existing chemicals...
|Party Not Entitled to Counsel Fees for Either Negotiations or Litigation Involving Access Agreement for Remediation on Residential Property|
Kevin T. Bright, Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on July 14, 2016In State Farm Fire and Casualty Insurance Company v. Florkiewicz, 2008 N.J. Super. Unpub. LEXIS 572 (App. Div. 2008), State Farm Fire and Casualty Insurance Co. appealed from a judgment which granted Marion Florkiewicz’s application for counsel fees incident to the negotiation of an access...
|New BLM Guidelines Establish Mitigation Fees for Solar Projects on Public Lands in Southwestern United States|
Phyllis J. Kessler; Duane Morris LLP;
July 23, 2016, previously published on April 2016The Bureau of Land Management (BLM) expanded its roadmap for development of solar projects on government land by releasing new guidelines on March 2, 2016. The new guidelines expand the federal government¿s approach to its Western Solar Plan, which commenced in 2012.
|Proposed Changes to B.C.’S Contaminated Sites Legal Regime|
Luke Dineley; Borden Ladner Gervais LLP;
July 23, 2016, previously published on July 14, 2016The B.C. Ministry of the Environment (the "ministry") plans to update some aspects of B.C.'s contaminated sites legal regime under the Environmental Management Act (the "Act") and its Regulations. The ministry has issued two intentions papers, outlining the ministry's new...
|Approved Jurisdictional Determinations Now Subject to Appeal|
Seth V.D.H. Cooley; Duane Morris LLP;
July 22, 2016, previously published on June 2016In a game-changing decision for the world of wetlands law and beyond, the United States Supreme Court has held that U.S. Army Corps of Engineers-approved “jurisdictional determinations” (commonly referenced as “JDs”) constitute “final agency action” and can be...
|Alberta Announces Bill 20 - The Climate Leadership Implementation Act|
Thomas W. McInerney, Duncan M. McPherson, L. Alan Rautenberg; Bennett Jones LLP;
July 21, 2016, previously published on May 26, 2016On May 24, 2016 the Alberta government introduced Bill 20 - Climate Leadership Implementation Act (the CLIA). The CLIA establishes the legislative framework for Alberta's new carbon tax (referred to in the CLIA as the carbon levy). While many details are still to come in regulations that have not...
|Maritime Administration Releases DEIS for Delfin LNG Application|
Sutherland Asbill Brennan LLP;
July 15, 2016, previously published on July 15, 2016The U.S. Maritime Administration has released its Draft Environmental Impact Statement (DEIS) for Delfin LNG’s application for a license to construct and operate a deepwater port LNG export terminal and interconnected pipeline. The proposed Delfin LNG export terminal would be located in...
|Fish and Wildlife Service Proposes Changes to Eagle Protection Regulations|
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
July 15, 2016, previously published on July 2016On May 6, 2016, the U.S. Fish and Wildlife Service ("FWS") proposed changes to its regulations under the Bald and Golden Eagle Protection Act. FWS is accepting comments on the proposed rule until July 5, 2016.