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|A Practical Understanding of the Polymer Exemption|
Thomas C. Berger, Rhys G. Daniels, Matthew B. Harney, Adrienne M. Timmel; Keller and Heckman LLP;
March 30, 2016, previously published on March 14, 2016The polymer exemption at 40 C.F.R. § 723.250 exempts qualifying polymers from the premanufacture notification requirements of section 5 of the Toxic Substances Control Act (TSCA), (40 C.F.R. § 720). To implement the exemption persons need only internally and in writing certify compliance...
|PHMSA Announces Proposed Natural Gas Pipeline Safety Rules|
Paul F. Forshay, Allison E. Speaker, Michael A. Stosser; Sutherland Asbill & Brennan LLP;
March 22, 2016, previously published on March 22, 2016The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a proposal to implement regulations that would add new safety measures designed to raise existing safety standards applicable to pipelines currently regulated by PHMSA. The Administration also proposes to make those...
|Environmental Assessment for Petronas’ LNG Export Terminal Extended for Three Months|
Sutherland Asbill Brennan LLP;
March 22, 2016, previously published on March 21, 2016The Canadian Environmental Assessment Agency (CEAA) has been granted a three month extension to review new information and complete its environmental assessment for the proposed Pacific NorthWest LNG (PNWLNG) export terminal near Lelu Island, British Columbia. Malaysian state oil company Petronas...
|Woodfibre LNG Receives Favorable Environmental Decision|
Sutherland Asbill Brennan LLP;
March 22, 2016, previously published on March 21, 2016The Honourable Catherine McKenna, Canada’s Minister of Environment and Climate Change, announced that the proposed Woodfibre LNG export terminal (Woodfibre), located near Squamish, British Columbia, is not likely to cause significant adverse environmental effects. The Environmental Assessment...
|A New Regime Begins: the Water Sustainability Act is Brought into Force|
Kristen Balcom, Luke Dineley; Borden Ladner Gervais LLP;
March 21, 2016, previously published on March 11, 2016British Columbia's long-awaited Water Sustainability Act (the "Act") came into force on February 29, 2016. The Act replaces the long standing Water Act, which was over 100 years old. To date, six regulations associated with the new Act have come into force: the Water Sustainability...
|A New Waste-Free Ontario Act Proposed By MOECC (Bill 151)|
Nadia Zaman; Borden Ladner Gervais LLP;
March 21, 2016, previously published on March 11, 2016On November 26, 2015, Ontario's Honourable Glen Murray, Ministry of the Environment and Climate Change ("MOECC") introduced Bill 151, an omnibus bill entitled the Waste-Free Ontario Act. This Act proposes to build a circular economy that increases resource recovery and facilitates waste...
|Consequences of the Mount Polley Dam Failure: Amendments to the Mines Act|
Sean Jones, Heidi Rolfe; Borden Ladner Gervais LLP;
March 21, 2016, previously published on March 11, 2016On February 25, 2016, as part of British Columbia's response to the Mount Polley dam failure, British Columbia's Minister of Energy and Mines introduced amendments to the Mines Act, RSBC 1996, c 293, aimed at strengthening the provincial government's regulatory oversight of the mining industry....
|Ontario Releases Draft Carbon Market Details|
Michael R. Barrett, Sarah E. Gilbert, Thomas W. McInerney; Bennett Jones LLP;
March 18, 2016, previously published on March 1, 2016Ontario has released a proposed new statute called the Climate Change Mitigation and Low-Carbon Economy Act, 2016 (the Climate Change Act). The Ontario government also released the Cap and Trade Regulatory Proposal (the Cap and Trade Regulation) and a Revised Guideline for Greenhouse Gas Emissions...
|And Not a Drop to Drink?|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
March 18, 2016, previously published on March 2016The water contamination in Flint, Michigan, has raised awareness of an issue that rarely gets attention, even though we all use the public water supply. All too often we simply assume our water meets all applicable standards and is safe to use. Unfortunately, that is not always the case.
|Comparison of House and Senate Proposals on Preemption|
Keller Heckman LLP;
March 16, 2016, previously published on March 9, 2016In the House-passed legislation, the preemption triggering event is when EPA issues § 6 rule or determines that substance does not present an unreasonable risk. Preemption is absolute at that point, in that it applies to new or existing state requirements except that: