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HTMLSupreme Court Allows Landowners To Challenge Wetlands Determinations
Margaret M. Witherup; Gordon Feinblatt LLC;
Legal Alert/Article
August 5, 2016, previously published on June 10, 2016
The U.S. Supreme Court gave private property owners a victory last week in holding that a landowner can challenge an Army Corps of Engineers determination that its peat mining operation contained a wetland protected by the Clean Water Act. In the case of U.S. Army Corps of Engineers v. Hawkes Co.,...

 

HTMLEPA's New RMP Modernization Rule May Result in Legal Challenges
Juan J. Miranda; Taylor, Porter, Brooks & Phillips, L.L.P.;
Legal Alert/Article
August 4, 2016, previously published on July 27, 2016
In the coming weeks, the U.S. Environmental Protection Agency (EPA) will release its Risk Management Plan (RMP) Modernization Rule, which applies to all stationary sources with processes that contain more than a threshold quantity of a regulated substance. The proposed rule stems from President...

 

HTMLEPA Completes Cost-Benefit Analysis Required by U.S. Supreme Court
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 2016
In a 5-4 decision in 2015 (Michigan v. EPA), the U.S. Supreme Court found that EPA should have considered costs when deciding to implement EPA’s Mercury and Air Toxics Standard for power plants (MATS) (Justice Scalia writing for the majority). On April 14, 2016, EPA posted online its...

 

HTMLPennsylvania Announces Planned New Methane Rules
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 2016
On January 19, 2016, Pennsylvania Governor Tom Wolf announced a “nation-leading strategy” to reduce emissions of methane associated with natural gas production, processing and transmission. Citing the fact that Pennsylvania is the second-largest producer of natural gas in the nation...

 

HTMLFERC Declines to Resolve PURPA Dispute
Frederick J. Heinle; Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 2016
On January 8, 2016, FERC declined to initiate an enforcement action under the Public Utility Regulatory Policies Act of 1978 (PURPA) in a matter involving a solar developer’s access to Connecticut’s renewable energy procurement program. Allco Renewable Energy Limited (Allco) argued that...

 

HTMLImplementation of Modernized TSCA Begins
Thomas C. Berger, Herbert Estreicher, Martha E. Marrapese, David G. Sarvadi, Adrienne M. Timmel; Keller and Heckman LLP;
Legal Alert/Article
July 29, 2016, previously published on July 7, 2016
On June 22, 2016, "The Frank R. Lautenberg - Chemical Safety for the 21st Century Act," H.R. 2576, was signed by President Barack Obama. Effective the same day, the amended Toxic Substances Control Act (TSCA) includes a new safety standard, extensive changes to existing chemicals...

 

HTMLParty Not Entitled to Counsel Fees for Either Negotiations or Litigation Involving Access Agreement for Remediation on Residential Property
Kevin T. Bright, Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 14, 2016
In State Farm Fire and Casualty Insurance Company v. Florkiewicz, 2008 N.J. Super. Unpub. LEXIS 572 (App. Div. 2008), State Farm Fire and Casualty Insurance Co. appealed from a judgment which granted Marion Florkiewicz’s application for counsel fees incident to the negotiation of an access...

 

HTMLNew BLM Guidelines Establish Mitigation Fees for Solar Projects on Public Lands in Southwestern United States
Phyllis J. Kessler; Duane Morris LLP;
Legal Alert/Article
July 23, 2016, previously published on April 2016
The Bureau of Land Management (BLM) expanded its roadmap for development of solar projects on government land by releasing new guidelines on March 2, 2016. The new guidelines expand the federal government¿s approach to its Western Solar Plan, which commenced in 2012.

 

HTMLProposed Changes to B.C.’S Contaminated Sites Legal Regime
Luke Dineley; Borden Ladner Gervais LLP;
Legal Alert/Article
July 23, 2016, previously published on July 14, 2016
The B.C. Ministry of the Environment (the "ministry") plans to update some aspects of B.C.'s contaminated sites legal regime under the Environmental Management Act (the "Act") and its Regulations. The ministry has issued two intentions papers, outlining the ministry's new...

 

HTMLApproved Jurisdictional Determinations Now Subject to Appeal
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 2016
In a game-changing decision for the world of wetlands law and beyond, the United States Supreme Court has held that U.S. Army Corps of Engineers-approved “jurisdictional determinations” (commonly referenced as “JDs”) constitute “final agency action” and can be...

 


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