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HTMLSupreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review. The Supreme Court previously held, in its 2012 Sackett opinion, that an...

 

HTMLFTC Warns Plastic Bag Companies about Oxodegradable Claims
Nathan S. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
November 14, 2014, previously published on November 4, 2014
Continuing its focus on environmental claims, the Federal Trade Commission (FTC) has written to 15 producers of plastic bags warning that “oxodegradable” and “oxo-biodegradable” claims may be deceptive and asking for confirmation that the claims will be withdrawn or that...

 

HTMLEPA Further Delays Hydraulic Fracturing Study as Controversy Builds
Ronald W. Farley; Burr & Forman LLP;
Legal Alert/Article
November 14, 2014, previously published on Noember 3, 2014
EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on comments in a letter originating from EPA’s Region...

 

HTMLPreserve and Protect: Sarbanes-Oxley Meets Environmental Law
Mark A. Thimke; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
On November 5, 2014, the United States Supreme Court will address the scope of the Sarbanes-Oxley “anti-shredding” law. The interpretation of this somewhat mundane provision may significantly affect how environmental data and tangible objects are kept, stored and retained.

 

Adobe PDFEPA's CO2 Rules and the Cooperative and Municipal Question
Raymond L. Gifford, Matthew S. Larson, Gregory E. Sopkin; Wilkinson Barker Knauer, LLP;
Legal Alert/Article
November 14, 2014, previously published on October 2014
Limited or lack of jurisdiction over cooperatives and municipal utilities for activities covered by all Building Blocks presents significant implementation and enforcement hurdles. While cooperatives and municipalities that own and/or operate generation are subject to air quality regulations under...

 

HTMLEPA Advocacy Can Add Value to a Manufacturer’s Bottom Line
Sarah A. Slack; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
Whether you’re manufacturing widgets or rubber bands, paper products or cheese, one thing most manufacturers have in common is being subject to various regulations by the Environmental Protection Agency (EPA). Manufacturers often experience regulation as an imposition of new, stringent...

 

HTMLDealing With NIMBYs in Local Land Use and Environmental Approval
Vivien J. Monaco; Burr & Forman LLP;
Legal Alert/Article
November 12, 2014, previously published on October 7, 2014
A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the applicant thinks he or she is in good shape going into the public hearing...

 

HTMLCourt Gives Deference to OGC’s Water Act Approval Policy
Paul R. Cassidy, Selina Lee-Andersen, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
November 11, 2014, previously published on October 17, 2014
On October 10, 2014, the British Columbia Supreme Court (“Court”) issued reasons in Western Canada Wilderness Committee v. British Columbia (Oil and Gas Commission), 2014 BCSC 1919. In this case, the petitioners, Western Canada Wilderness and Sierra Club of British Columbia Foundation...

 

HTMLNew Jersey Seeks to Ban the Use of “Microbeads” in Consumer Care
Genese K. Dopson, Barbara Hopkinson Kelly, Erik M. Ortega; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 30, 2014
The New Jersey State Legislature has unanimously approved legislation to address the growing environmental concerns over personal care products containing microbeads, small non-biodegradable plastic particles used as abrasives in personal care products such as toothpaste. If enacted, New Jersey...

 

HTMLRiders on the Storm Beware
Wendy D. Testa; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on July 15, 2014
Every summer, warm weather prompts millions to flock to bodies of water. While sunbathers likely give little thought to the source of water in which they frolic, design professionals and builders of public and private projects must pay careful attention to how construction will affect stormwater...

 


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