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|Administrative Monetary Penalties: New Federal Environmental Enforcement Measures Underway in Canada|
Marie-Claude Bellemare, Alexandre Desjardins; Borden Ladner Gervais LLP;
June 6, 2016, previously published on April 20, 2016On April 9, 2016, the government of Canada published draft regulations (the "Draft AMP Regulations")1 providing details on the implementation of the Environmental Violations Administrative Monetary Penalties Act2 ("EVAMPA"), together with a Policy Framework3, which outline the...
|Shifting Environmental Liabilities after the Redwater Decision|
Leanne Desbarats, Matti Lemmens; Borden Ladner Gervais LLP;
June 3, 2016, previously published on May 27, 2016In a recent decision of the Alberta Court of Queen's Bench, the Court considered whether the Alberta Energy Regulator (the "AER") can restrict a trustee's powers to sell or disclaim uneconomic assets subject to AER licences, in particular assets subject to costly environmental...
|New TSCA Chemical Safety Advisory Committee (CSAC) Now Active|
Martha E. Marrapese; Keller and Heckman LLP;
May 26, 2016, previously published on May 2, 2016EPA has now activated the TSCA Chemical Safety Advisory Committee (CSAC) that it announced it would establish in June 2015. The CSAC will provide independent scientific advice and recommendations on the scientific basis for the agency’s risk assessments, methodologies, pollution prevention...
|Upcoming Deadlines for Biocides in the EU|
Marijn Bodelier, Jacomijn Christ; Greenberg Traurig, LLP;
May 26, 2016, previously published on May 6, 2016In the European Union the manufacturing, import, sale, and use of chemical substances are highly regulated. Biocidal products are regulated under (EU) No. 528/2012 (EU Biocides Regulation).1 The EU Biocides Regulation entered into force in EU Member States on Sept. 1, 2013. However, the European...
|Alaska LNG Files Monthly Status Report|
Sutherland Asbill Brennan LLP;
May 26, 2016, previously published on May 25, 2016Alaska LNG has filed a report with FERC covering through April 2016 the status of pre-filing environmental review activities for its proposed liquefaction and LNG export terminal at Nikiski, Alaska and 800-mile interconnected pipeline. The report states that due to ongoing pre-Front End Engineering...
|U.S. DOJ and Pennsylvania Environmental Regulators Take Action Against Alleged Discharge Permit Violations|
Mary Beth Deemer, Jennifer M. (Jen) Hayes, Rebekah Byers (Becky) Kcehowski, Jane Borthwick Story; Jones Day;
May 19, 2016, previously published on April 2016In the Western District of Pennsylvania, the U.S. Department of Justice ("DOJ") and Pennsylvania Department of the Environment ("DEP") last week filed a civil lawsuit against five coal companies alleging more than 1,500 separate violations of the companies' National Pollutant...
|Queensland Parliament Passes Environmental Chain of Responsibility Legislation: Investors Off the Hook but Directors Remain Accountable|
Brett Heading, James I. Parker, Tony J. Wassaf; Jones Day;
May 18, 2016, previously published on April 2016Further to the Alert issued by Jones Day in March, the Queensland Parliament passed the Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld) (Amendment Act) on 22 April 2016.
|Agreement in Principle reached in Volkswagen "Clean Diesel" (Emissions Defeat Device) MDL No. 2672|
May 10, 2016, previously published on April 22, 2016San Francisco, Calif. - (April 21, 2016) - The MDL Plaintiffs' Steering Committee leading the Volkswagen Emissions "Defeat Device" consumer class actions is pleased to announce that they have reached an Agreement in Principle with Volkswagen regarding the claims of all 2.0 liter TDI...
|EPA's Consideration of Costs Leaves MATS Rule Unchanged|
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
May 10, 2016, previously published on April 2016On April 14, 2015, the U.S. Environmental Protection Agency ("EPA") submitted for publication in the Federal Register a Supplemental Finding, explaining how the agency took costs into account in promulgating Mercury and Air Toxics Standards for power plants (the "MATS Rule")...
|Great Bear Rainforest (Forest Management) Act Could Create Social Licence|
Sean Jones; Borden Ladner Gervais LLP;
May 10, 2016, previously published on April 18, 2016Twenty years ago, what is now called the Great Bear Rainforest, was on the front lines of environmental activism. A coalition of environmentalists, First Nations and locals took direct action to stop the logging of first growth temperate rainforest along British Columbia’s west coast. That...