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|Connecticut Department of Energy and Environmental Protection Releases "Evaluation of Risk-Based Decision Making" With Public Comment Open Until September 30, 2014|
Christopher P. McCormack; Pullman & Comley, LLC;
September 30, 2014, previously published on September 12, 2014On August 29, 2014, the Connecticut Department of Energy and Environmental Protection (DEEP) released “Evaluation of Risk-based Decision Making,” a report prepared by CDM Smith under contract to the state. DEEP has now announced that it will accept public comments until September 30,...
|Frey v. EPA: Seventh Circuit Clarifies When Citizens Can Challenge Remediation|
Michele Richey; Taft Stettinius & Hollister LLP;
September 30, 2014, previously published on September 25, 2014In Frey v. EPA, 751 F.3d 461 (7th Cir. 2014) (“Frey III”), the Seventh Circuit ruled in favor of the Environmental Protection Agency (“EPA”) in a dispute concerning the sufficiency of a remedial clean-up plan for polychlorinated biphenyl (“PCB”) contaminated...
|Indiana Challenges EPA Carbon Rules|
Jeffrey D. Stemerick; Taft Stettinius & Hollister LLP;
September 30, 2014, previously published on September 17, 2014Indiana and 11 other states have launched a preemptive strike on the EPA’s proposed Clean Power Plan. The EPA proposed the Clean Power Plan on June 18, 2014, as part of a trio of proposed rules to limited carbon emissions from power plants. See 79 Fed. Reg. 34,830. The EPA’s Clean Power...
|Surprising But Welcome: California Federal Court Finds That Botched Cleanup May Create CERCLA Liability for California's Department of Toxic Substances Control (DTSC)|
Kim K. Burke; Taft Stettinius & Hollister LLP;
September 30, 2014, previously published on September 23, 2014In California Department of Toxic Substances Control v. Jim Dobbas, Inc., et al, 2014 WL 4627248 (E.D. Cal. Sept. 16, 2014), the United States District Court for the Eastern District of California held that DTSC’s actions in approving work plans and directing a site cleanup constituted...
|Michigan Court Of Appeals Holds Owner and Operator of an Underground Storage Tank Liable|
Charles E. Barbieri; Foster, Swift, Collins & Smith, P.C.;
September 25, 2014, previously published on September 10, 2014In an unpublished per curiam opinion issued on July 29, 2014, the Michigan Court of Appeals in Department of Natural Resources and Environment v Strefling Oil Company held that an owner and operator of an underground storage tank can be held liable under Part 201 of the Natural Resources &...
|As World Leaders Gather at the UN Climate Summit, the Aviation Sector Could Provide a Template for International Climate Progress|
John P. Schmitz, Martina Simpkins; Bingham McCutchen LLP;
September 25, 2014, previously published on September 23, 2014More than 120 heads of state, including President Barack Obama, gathered for the Climate Summit hosted by UN Secretary-General Ban Ki-moon in New York City on September 23. Financial pledges to the Green Climate Fund and statements regarding the leaders’ commitments to reach agreement on a...
|Mechanics Lien Subordination: Illinois Further Limits Construction Lenders’ Ability To Ensure Priority Against Mechanics Liens|
Michael J. Roth; Sheppard, Mullin, Richter & Hampton LLP;
September 25, 2014, previously published on September 18, 2014On July 16, 2014, Illinois enacted Public Act 98-764 (Senate Bill 3023) (“SB 3023”), which amends the Illinois Mechanics Lien Act (770 ILCS 60/ et seq.) (the “Act”) to prohibit subordination of mechanics liens on Illinois construction projects, unless such subordination is...
|Cost to Decommission Kansas Nuclear Power Plant Could Hit $1 Billion|
Sutherland Asbill Brennan LLP;
September 25, 2014, previously published on September 23, 2014The Wolf Creek nuclear power plant, partially owned by Kansas Electric Power Cooperative, could cost as much as $1 billion to decommission, according to reports that must be provided to the Kansas Corporation Commission periodically. Costs will depend largely on the progress made by the federal...
|Level of Detail Adequate in High Speed Rail Authority’s Program EIR for Central Valley to Bay Area Rail Corridor|
Jennifer Gunsch; Sheppard Mullin Richter Hampton LLP;
September 25, 2014, previously published on September 18, 2014The appellate court upheld the California High-Speed Rail Authority’s Program EIR for the Central Valley to Bay Area portion of the route, concluding that (1) the Authority properly limited its environmental analysis to a program level when it deferred site-specific analysis of the vertical...
|Governor Signs New Laws Amending California's Urban Water Management Planning Act|
Best Best Krieger LLP;
September 25, 2014, previously published on September 24, 2014Under new amendments to California’s Urban Water Management Planning Act, urban water suppliers will be required to provide narrative descriptions of their water demand management measures and account for system water losses when preparing Urban Water Management Plans, among other changes....