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HTMLLDEQ Now Limits Term for Minor Source Air Permits and Requires Update for Such Existing Permits
Steven Boutwell, Tokesha M. Collins; Kean Miller LLP;
Legal Alert/Article
March 17, 2015, previously published on February 20, 2015
In the past, Minor Source Air Permits issued by LDEQ typically did not have an expiration date. That has changed. Per Louisiana Revised Statute 30:2023(A), all environmental permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) “shall have, as a matter of...


HTMLWinter Storm Juno Emergency Declaration Issued by Mass DEP
Glenn A. Wood; Rubin and Rudman LLP;
Legal Alert/Article
March 16, 2015, previously published on Jan 30, 2015
Mass DEP issued a Severe Weather Emergency Declaration in anticipation of Winter Storm Juno pursuant to the Massachusetts Wetlands Protection Act (“WPA”), M.G.L. c.131, §40 and in accordance with 310 CMR 10.06(8). The Emergency Declaration is in effect from January 27, 2015 until...


HTMLObama Administration Anticipates Movement in Doomsday Clock
Scott Hitch, Michelli Rivera; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 16, 2015, previously published on January 29, 2015
Last week the Bulletin of the Atomic Scientists (BAS) moved the minute hand on the Doomsday Clock two minutes closer to midnight. Advancement of the clock hand symbolizes experts’ concerns on the threat of global catastrophe. Kennette Benedict, executive director of the BAS warned that...


HTMLFracking: To Ban Or Not To Ban?
Ronald W. Farley; Burr & Forman LLP;
Legal Alert/Article
March 16, 2015, previously published on February 2, 2015
The process of hydraulic fracturing (also known simply as “fracking”) continues to divide the public and public policymakers, even as resulting lower natural gas prices have encouraged industries, including many power plants, to convert from coal-fired boilers as one means as coping...


HTMLKaska Nation Announces Plans to Develop a New Resource Law in its Traditional Territory, While Yukon Government Extends Staking Prohibition in Ross River Area
Stephanie Axmann, Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
March 16, 2015, previously published on February 4, 2015
On January 27, 2015, the leaders of the Kaska Nation issued a news release and declaration announcing plans to develop a resource law and regulations (Kaska Resource Law). The introduction of the Kaska Resource Law is intended to provide clear direction to resource proponents seeking to operate in...


HTMLEPA’s Rules Related to Carbon Emissions and Climate Change Prompt A New Focus By The Opposition
Ronald W. Farley; Burr & Forman LLP;
Legal Alert/Article
March 16, 2015, previously published on March 2, 2015
EPA’s new rules for limiting emissions of carbon dioxide for both existing power plants and proposed plants have prompted at least two substantive reports by public policy institutes focusing on the economic aspects of the proposals. The Beacon Hill Institute at Suffolk University and The...


HTMLNew York Clears the Way for Permitting LNG-Refueling Stations
Robert M. Rosenthal, Steven C. Russo; Greenberg Traurig, LLP;
Legal Alert/Article
March 13, 2015, previously published on January 30, 2015
The New York State Department of Environmental Conservation (DEC) announced on January 28, 2015 that it has finalized a new regulatory regime to allow the construction of liquefied natural gas (LNG) refueling stations in all parts of the State except for New York City. Under the agency’s...


HTMLRecent New Jersey Case Law on Environmental Claims
Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 10, 2015, previously published on March 1, 2015
In Morristown Assoc. v. Grant Oil Co., 2015 N.J. LEXIS 50 (N.J. Jan. 26, 2015) the issue on appeal was whether the general six-year statute of limitations contained in N.J.S.A. 2A:14-1 applies to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act...


HTMLRecord Environmental Penalty: Fisheries Act Fines in Québec May Impact All
William McNaughton, Marc Unger; Borden Ladner Gervais LLP;
Legal Alert/Article
March 9, 2015, previously published on February 19, 2015
On December 19, 2014, after pleading guilty to 45 counts for infringements of the Fisheries Act and its Metal Mining EffluentRegulations, Bloom Lake General Partner Limited (“Bloom Lake”) was penalized some $7.5 million. The investigation by Environment Canada into Bloom Lake’s...


HTMLInsolvency and Environmental Liabilities
Matti Lemmens; Borden Ladner Gervais LLP;
Legal Alert/Article
March 9, 2015, previously published on February 19, 2015
Recent decisions in the Ontario courts have brought this issue to the forefront, which is salient during this time of economic uncertainty for the oil industry and its related environmental obligations. The courts have had to focus on balancing competing public interests: those of creditors and the...


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