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|Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations|
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
November 14, 2014, previously published on November 6, 2014A 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...
|FTC Warns Plastic Bag Companies about Oxodegradable Claims|
Nathan S. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
November 14, 2014, previously published on November 4, 2014Continuing 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“oxodegradable” and “oxo-biodegradable” claims may be deceptive and asking for confirmation that the claims will be withdrawn or that...
|EPA Further Delays Hydraulic Fracturing Study as Controversy Builds|
Ronald W. Farley; Burr & Forman LLP;
November 14, 2014, previously published on Noember 3, 2014EPA’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...
|Preserve and Protect: Sarbanes-Oxley Meets Environmental Law|
Mark A. Thimke; Foley Lardner LLP;
November 14, 2014, previously published on November 3, 2014On 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.
|EPA's CO2 Rules and the Cooperative and Municipal Question|
Raymond L. Gifford, Matthew S. Larson, Gregory E. Sopkin; Wilkinson Barker Knauer, LLP;
November 14, 2014, previously published on October 2014Limited 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...
|EPA Advocacy Can Add Value to a Manufacturer’s Bottom Line|
Sarah A. Slack; Foley & Lardner LLP;
November 12, 2014, previously published on October 29, 2014Whether 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...
|Dealing With NIMBYs in Local Land Use and Environmental Approval|
Vivien J. Monaco; Burr & Forman LLP;
November 12, 2014, previously published on October 7, 2014A 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...
|Court Gives Deference to OGC’s Water Act Approval Policy|
Paul R. Cassidy, Selina Lee-Andersen, Monika A. Sawicka; McCarthy Tétrault LLP;
November 11, 2014, previously published on October 17, 2014On 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...
|New 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;
November 10, 2014, previously published on October 30, 2014The 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...
|Riders on the Storm Beware|
Wendy D. Testa; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 10, 2014, previously published on July 15, 2014Every 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...