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Documents on environmental law
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|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...
|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...
|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...
|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...
|Layering Stormwater Discharge Permits and the Clean Water Act - Puget Soundkeeper Alliance v. Cruise Terminals of America Illustrates the Importance of Recognizing the Limits of a Facility’s Industrial Discharge Permits|
Hubert T. Lee; Morris Polich & Purdy LLP;
February 24, 2016, previously published on February 11, 2016On November 20, 2015, the U.S. District Court for the Western District of Washington’s decision in Puget Soundkeeper Alliance v. Cruise Terminals of America illustrates the often complex nature of stormwater discharge permitting, where facilities may need a multitude of stormwater discharge...
|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...
|Clean Water Act Jurisdiction Over Discharges to Navigable Waters Via Hydrologically Connected Groundwater|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
February 24, 2016, previously published on February 11, 2016In early January 2016, Duke Energy filed a motion for certification of an interlocutory appeal on the issue of whether the Clean Water Act (CWA) regulates discharges from an ash pond hydrologically connected to navigable surface waters via groundwater. Yadkin Riverkeeper Inc. et al. v. Duke Energy...
|Cost of Recovering Sunk Oil Barrels Not Covered Under Pollution Endorsement Where Barrels did not Leak Oil into Ocean|
Robin Singer; Morris Polich & Purdy LLP;
February 23, 2016, previously published on February 8, 2016The Ninth Circuit held that a pollution endorsement in an ocean marine liability policy that covered the “discharge, dispersal, release, or escape” of pollutants did not include the insured's clean-up costs where no contaminants had leaked into the environment.