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|Civil Right to Compensation for Spills under Section 99(2) of EPA Clarified|
Aimee Collier, Gabrielle K. Kramer; Borden Ladner Gervais LLP;
January 5, 2016, previously published on December 21, 2015On November 27, 2015 the Ontario Court of Appeal ("ONCA") released its decision in Midwest Properties Ltd. v. John Thordarson and Thorco Contracting Limited, providing the first appellate consideration of the private right of action to compensation for spills contained in s. 99(2) of the...
|Canada Signs Global Climate Change Agreement|
Hugo M. Alves, Michael R. Barrett, Jesslyn G. Maurier, Thomas W. McInerney, Duncan M. McPherson; Bennett Jones LLP;
January 4, 2016, previously published on December 14, 2015After many marathon negotiation sessions, Canada, along with 195 other countries, signed a new climate agreement this past weekend called the Paris Agreement. The Paris Agreement was adopted under the United Nations Framework Convention on Climate Change.
|Air Permits Don't Stop Neighbors' Nuisance Claims|
Casey F. Bradford, Alina Fortson, Charles T. Wehland; Jones Day;
December 29, 2015, previously published on December 2015On November 2, 2015, the United States Court of Appeals for the Sixth Circuit issued opinions in two cases presenting the issue of whether the federal Clean Air Act ("CAA") preempts state common law claims against sources. In both cases, the Sixth Circuit ruled that the state law claims...
|COP21 Yields Landmark Climate Change Accord: What’s Next?|
James E. Guy, Jay Holloway, Susan G. Lafferty, W. Henry Parkman, Liz Williamson; Sutherland Asbill & Brennan LLP;
December 28, 2015, previously published on December 23, 2015More than a week has passed since 195 countries announced a climate change deal to hold global average temperatures to 2°C above pre-industrial levels, with an aspirational ceiling of 1.5°C. While the accord represents an unprecedented level of international cooperation on climate change,...
|Court Of Appeal Affirms Polluter Pays Principle Is Paramount|
Luke Dineley; Borden Ladner Gervais LLP;
December 28, 2015, previously published on December 2, 2015The major recent decision of the British Columbia Court of Appeal in J.I. Properties Inc. v PPG Architectural Coatings Canada Ltd, 2015 COURT OF APPEAL 472 (“JI Properties”) affirmed the “polluter pays” principle in the context of remediation cost recovery actions under the...
|D.C. Circuit Holds that Coast Guard May Impose Nonfinancial Conditions Before Allowing Ships Accused of Violating MARPOL to Leave Port|
Mark Aspinall, Daniel Johnson, John M. McCaskill, James A. Orr, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
December 22, 2015, previously published on December 22, 2015On December 15, 2015, a panel of the U.S. Court of Appeals for the D.C. Circuit held that the U.S. Coast Guard could impose nonfinancial conditions, in addition to a bond, before permitting ships under suspicion of a MARPOL violation to leave U.S. ports.
|After Coal, Is EPA Pivoting to Oil?|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
December 21, 2015, previously published on December 08, 2015After tightening the noose and choking the coal industry through such stringent regulatory efforts as the Coal Combustion Residuals (CCR) Rule and the Clean Power Plan, EPA now seems to be focusing its efforts on the petroleum industry. At least two recent rulemakings, one final and one proposed,...
|Must Playground Equipment & Surfaces Comply with CPSC Lead Limits for Children’s Products?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 21, 2015, previously published on December 2, 2015Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber. Crumb rubber is a granule material typically made from recycled scrap tires that is used to provide a soft play...
|Ontario Climate Change Policy Developments|
Michael R. Barrett; Bennett Jones LLP;
December 16, 2015, previously published on November 25, 2015On November 24, 2015, the Ontario government released its long-term Climate Change Strategy (CCS) as part of the province's expanding climate change policy development process.
|G2 LNG Requests Initiation of FERC Pre-Filing Process|
Sutherland Asbill Brennan LLP;
December 11, 2015, previously published on December 10, 2015G2 LNG, LLC has filed a letter requesting that FERC initiate the pre-filing environmental review process for its proposed liquefaction and export terminal facility on the west bank of the Calcasieu River, Calcasieu Parish, La. between mile markers 3 and 4. The project would have a peak production...