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HTMLCEAA Seeks Comment on Whether Grassy Point LNG Project Requires a Federal Environmental Assessment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 2, 2014, previously published on October 14, 2014
The Canadian Environmental Assessment Agency (CEAA) is seeking public comment on whether a federal environmental assessment is required for Woodside Energy Holdings Pty Ltd.’s proposed Grassy Point LNG export terminal project in British Columbia. Comments must be submitted by November 3, 2014.

 

HTMLNJ Supreme Court to Rule on Application of General Six-year Statute of Limitations to Spill Act Claims
Barbara Hopkinson Kelly, Erik M. Ortega; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 2, 2014, previously published on October 20, 2014
The Supreme Court of New Jersey recently heard arguments on whether private claims for contribution brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (Spill Act) are subject to a general six-year statute of limitations applicable to common law property...

 

Adobe PDFFifth Circuit Rules that an Army Corps Judicial Determination is Not a Final Agency Action Reviewable Under the Administrative Procedures Act
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
November 1, 2014, previously published on October 8, 2014
On July 30, 2014, in Belle Company, LLC v. U.S. Army Corps of Engineers (No. 13-30262), the Fifth Circuit ruled that a jurisdictional determination by the United States Army Corps of Engineers (“the Corps”), stating that property contains wetlands and is subject to regulation under the...

 

HTMLMaryland Court Reconsiders a Company’s Duty to Warn of Asbestos-containing Replacement Parts It Did Not Manufacture or Otherwise Introduce into the Stream of Commerce
Helyna M. Haussler, Carolyn F. O'Connor; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 1, 2014, previously published on October 22, 2014
Maryland’s Court of Special Appeals recently reconsidered the duty to warn of asbestos-containing replacement parts that the defendants did not manufacture or place in the stream of commerce in Philip Royce May v. Air & Liquid Systems Corp., et al, No. 2670 (Md. App. Oct. 3, 2014). The...

 

Adobe PDFFifth Circuit Aligns With Third and Ninth Circuits Holding That EPA Notices of Violation Are Not “Final Action”
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
November 1, 2014, previously published on October 8, 2014
In a recently issued decision, the Fifth Circuit Court of Appeals held that the recipient of a Notice of Violation (“NOV”) could not challenge the NOV in the circuit court. Luminant Generation Company, LLC v. U.S. Environmental Protection Agency (Nos. 12-60694, 13-60538). This brings...

 

Adobe PDFEPA’s Data Dilemma
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
November 1, 2014, previously published on October 8, 2014
Recently, the Government Accountability Office (GAO) reported that the EPA was relying on data that is more than two decades old to analyze economic impacts of its regulations. The GAO said it “estimated effects of its regulations on employment, in part, using a study that...was based on data...

 

Adobe PDFSupreme Court Denies Certiorari to Bell v. Cheswick Generating Station, Allowing for State Law Air Pollution Tort Claims to Co-Exist with the Clean Air Act
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
October 31, 2014, previously published on October 8, 2014
On June 2, 2014, the Supreme Court denied certiorari for a petition filed by Cheswick Generating Station (Cheswick), a coal-fired power plant in West Pennsylvania. GenOn Power Midwest, L.P. v. Bell, 134 S. Ct. 2696 (2014). Cheswick had petitioned the Supreme Court to hear its arguments after the...

 

Adobe PDFNinth Circuit Issues a Head-Shaker in a Clean Air Act Permitting Case Supporting EPA’s Failures
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
October 31, 2014, previously published on October 8, 2014
In an opinion likely to strike terror in the hearts of would be permit-seekers, the Ninth Circuit held in Sierra Club v. EPA, --- F.3d --- (9th Cir. 2014) (2014 WL 3906509) that the EPA cannot grandfather a permit to build a power plant, even though grandfathering was necessary only because of the...

 

HTMLEnvironmental Appeal Board Punishes Appellant for Bad Behaviour
Nicholas Hughes; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
On September 15, 2014, the British Columbia Environmental Appeal Board (Board), in a rare exercise of its powers, awarded costs against an appellant in Seaspan ULC v. Director, Environmental Management Act, Decision Nos. 2010-EMA-005(c) and 2010-EMA-006(c). In a comprehensive 43-page decision, the...

 

HTMLCalifornia Enacts Comprehensive Groundwater Management Legislation
Jolie-Anne S. Ansley, Thomas M. Berliner, Colin L. Pearce; Duane Morris LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
On September 16, 2014, California Governor Jerry Brown signed into law a historic package of three bills—Senate Bill 1168, Senate Bill 1319 and Assembly Bill 1739—instituting comprehensive groundwater management in California. The legislation represents perhaps the most significant...

 


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