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Documents on environmental law
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|EPA Clean Power Plan Raises Reliability Concerns, Says NERC|
Sutherland Asbill Brennan LLP;
November 28, 2014, previously published on November 19, 2014The North American Electric Reliability Corporation (NERC) has released its first assessment of the U.S. Environmental Protection Agency’s Clean Power Plan. In its report NERC identified several reliability challenges posed by the proposed rule, including the need for significant...
|Ninth Circuit Upholds District Court Decision Finding State Route 47 Expressway Project is not in Violation of NEPA or the Clean Air Act|
Hubert T. Lee; Morris Polich & Purdy LLP;
November 27, 2014, previously published on November 12, 2014On October 30, 2014, the Ninth Circuit upheld the District Court’s finding that the State Route 47 Expressway Project, a planned 1.7 mile stretch of elevated highway connecting the Ports of Los Angeles and Long Beach to I-405, did not violate the Clean Air Act or the National Environmental...
|To Seek Cost Recovery or Contribution under CERCLA? The Seventh Circuit Seeks to Further Clarify the Distinction in NCR Corp. v. George A. Whiting Paper Co.|
Hubert T. Lee; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014In CERCLA cases, courts are often confronted with scenarios where it is unclear precisely which cause of action a party can or must pursue to recover incurred cleanup costs against Potential Responsible Parties (“PRPs”). Whether a party must proceed under two critical sections (107(a)...
|The Bona Fide Prospective Purchaser Defense to CERCLA Liability|
Ryan C. McKim; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) is a strict liability statute. Nonetheless, CERCLA provides for a limited number of defenses to liability. One of these defenses is called the “bona fide prospective purchaser” exception to...
|California’s Good Intentions Gone Haywire|
Steven L. Hoch; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014In 1969, stirred by Congress’ passage of the National Environmental Policy Act (NEPA), California thought it was doing one better. California passed the California Environmental Quality Act (CEQA) which requires state and local agencies to identify the significant environmental impacts of...
|Court Strikes Down Environmental Review of the Kern Water Bank|
Christopher G. Foster; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014In 1994, in response to the devastating drought of the late 1980s and early 1990s, the California Department of Water Resources and the State Water Project contractors entered into the so-called “Monterey Agreement,” regarding water deliveries to certain contractors, primarily in...
|Falling Oil Prices Ignite Concern over Bakken Crude|
Joseph J. McGovern; Obermayer Rebmann Maxwell & Hippel LLP;
November 20, 2014, previously published on November 13, 2014Gasoline prices have been falling steadily for months. Now a gallon may be purchased for substantially less than three dollars in many regions of the country. That’s welcome news for consumers, but environmentalists, regulators and first responders have been asking whether there are risks...
|Is There a Statute of Limitations for Contribution Actions Under New Jersey’s Spill Act?|
Alex P. Basilevsky; Obermayer Rebmann Maxwell & Hippel LLP;
November 20, 2014, previously published on October 14, 2014A cornerstone of environmental legislation in New Jersey is The New Jersey Spill Compensation and Control Act (“Spill Act”), N.J.S.A. 58:10-23.11 et seq.; New Jersey’s analogue to the federal Comprehensive Environmental Response, Compensation, and Liability Act, more commonly...
|Can Landlords With Knowledge of Tenant’s Pollution be Liable for Cleanup Under Indiana’s Environmental Legal Action Statute?|
Thomas A. Barnard; Taft Stettinius & Hollister LLP;
November 18, 2014, previously published on November 10, 2014A recent ruling by the Indiana Court of Appeals could expand liability under Indiana’s Environmental Legal Action statute (“ELA”). The ruling in JDN Properties, Inc. v. VanMeter Enterprises, Inc., 2014 WL 4656543 (Ind. App. Sept. 19, 2014), potentially extends ELA liability to...
|BC Greenhouse Gas Industrial Reporting and Control Act Passes Second Reading|
Wally Braul, Thomas W. McInerney, Gray E. Taylor; Bennett Jones LLP;
November 17, 2014, previously published on November 03, 2014On October 20, 2014, the Greenhouse Gas Industrial Reporting and Control Act (Bill 2) (hereinafter the Bill) was introduced, and on October 29, 2014, the Bill passed second reading in the British Columbia Legislative Assembly. The Bill, if enacted, would repeal the Greenhouse Gas Reduction (Cap and...