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|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:
|Coalition of Scientists Urge Rejection of Pacific Northwest LNG Draft Environmental Assessment|
Sutherland Asbill Brennan LLP;
March 10, 2016, previously published on March 9, 2016The Globe and Mail reports that more than 130 scientists have signed a letter to Canadian Environment Minister Catherine McKenna requesting that she reject a “scientifically flawed” draft environmental assessment for the proposed Pacific NorthWest LNG export terminal near Lelu Island,...
|LDEQ Proposes Rule to Require Electronic Submission of Discharge Monitoring Reports|
Taylor Porter Brooks Phillips L.L.P.;
March 8, 2016, previously published on March 2, 2016LDEQ proposes to require all Louisiana Pollutant Discharge Elimination System (LPDES) permit holders to submit Discharge Monitoring Reports (DMRs) electronically through a department-approved electronic document receiving system, unless granted a waiver by the department.
|New Jersey Appellate Court Approves Insurance Policy Assignments to Fund Pollution Claims|
Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 3, 2016, previously published on March 1, 2016In Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co., et al, 120 A.3d 959 (App. Div. 2015), the New Jersey Appellate Division held that an assignment of rights under numerous insurance policies issued between 1964 and 1986 was enforceable and valid. The court reasoned that the insurer...
|Environmental Protection Agency eDisclosure System|
Kiley C. Keefe, Vincent S. Oleszkiewicz; Leech Tishman;
February 29, 2016, previously published on February 17, 2016On December 9, 2015, The Environmental Protection Agency (“EPA”) introduced its new eDisclosure system in the Federal Register, Notice of eDisclosure Portal Launch: Modernizing Implementation of EPA’s Self-Policing Incentive Policies. The eDisclosure system does not modify the...
|California Supreme Court Holds That CEQA Analysis Is a One Way Street... Generally|
Christopher G. Foster; Morris Polich & Purdy LLP;
February 29, 2016, previously published on February 11, 2016The California Environmental Quality Act (CEQA) requires public agencies to conduct appropriate environmental review of discretionary projects they carry out or approve and to prepare an Environmental Impact Report (EIR) for any project that may have a significant effect on the environment. CEQA is...
|Like a Lead Balloon|
Steven L. Hoch; Morris Polich & Purdy LLP;
February 24, 2016, previously published on February 11, 2016By now you have heard about Flint, Michigan, where by way of arrogance, incompetence, and almost rank stupidity, many children are showing signs of lead poisoning. There is plenty of blame to go around and it seems that every day someone trips over some new event, finding something pertinent to add...
|Louisiana District Court Lets One of the Deepwater Horizon Parties off Easy with a Penalty of $159,500,000|
Summer L. Nastich; Morris Polich & Purdy LLP;
February 24, 2016, previously published on February 11, 2016By now the Deepwater Horizon oil release and its devastating impact on the environment and the citizens of the Gulf of Mexico is seared in all of our brains. We watched with amazement the oil pouring from the well several thousand feet below the level of the sea. In the 84 days between the...