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Adobe PDFSubrogation and CERCLA Section 107: A Possible Circuit Split in the Making
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
Recently, in Blue Tee Corp. v. XTRA Intermodel, Inc. (“Blue Tee”), 2014 WL 2061590 (S.D. Ill. May 19, 2014), the United States District Court for the Central District of Southern Illinois held that an insurer, as a subrogee of the current owner of contaminated property, may maintain a...

 

Adobe PDFFifth Circuit Rules for Texas Commission on Environmental Quality in Whooping Cranes Matter
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In Arkansas Project v. Shaw, plaintiff, The Arkansas Project, sought to require the Texas Commission on Environmental Quality (TCEQ) to obtain an incidental take permit for whooping cranes, a species listed as endangered under the federal Endangered Species Act (ESA). The Arkansas Project alleged...

 

Adobe PDFAir Resources Board Advisory Group Issues Report on Mechanisms to Reduce Price Volatility in the Cap and Trade Allowance Market
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
Among the advisory groups formed to assist the California Air Resources Board (ARB) in the design, operation and monitoring of its cap and trade market in greenhouse gases (GHG) is the Market Simulation Group (MSG). The MSG was assigned to provide an overview of the potential sources of disruption...

 

Adobe PDFASARCO Decisions Offer Lessons for the Environmental Practitioner
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In ASARCO v. Union Pacific Railroad Co. --- F.3d --- (10th Cir 2014) WL 2808249 and ASARCO v. Goodwin (2nd Cir. 2014) ---F.3d --- WL 2870117, two different Circuit Courts addressed the question of when the three-year statute of limitations on CERCLA contribution claims accrued when the plaintiff...

 

HTMLNorth Sea M&A: Recent Trends
Danielle Beggs, Sam Boileau, Jeremy Cohen, Humphrey Douglas, Martin Kitchen; Dentons Canada LLP;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
The offshore oil and gas industry in the North Sea is experiencing a defining period in its history.

 

HTMLAlaska LNG Project Sponsors Request Permission to Begin FERC’s Pre-filing Process
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
The sponsors of the Alaska LNG Project, ExxonMobil Alaska LNG LLC, ConocoPhillips Alaska LNG Company, BP Alaska LNG LLC, TransCanada Alaska Midstream LP, and the Alaska Gasline Development Corporation, filed a request with FERC to begin the pre-filing environmental review process for their proposed...

 

HTMLEPA Preliminarily Approves Plan to Keep Arizona Coop Plant Open
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
The U.S. Environmental Protection Agency (EPA) has preliminarily approved a plan proposed by Arizona Electric Power Cooperative (AEPCO) to upgrade a power plant to lower emissions, keep the plant operating, and save hundreds of jobs. Congressman Ron Barber is recognized as leading negotiations...

 

HTMLTenth Circuit Stays EPA’s Rejection of Wyoming’s Regional Haze Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 10, 2014
The U.S. Court of Appeals for the Tenth Circuit has stayed the U.S. Environmental Protection Agency’s rejection of part of Wyoming’s plan for addressing regional haze. The stay was sought by the State of Wyoming, Basin Electric Power Cooperative, and PacifiCorp. The court also granted...

 

HTMLKentucky Coop Plans to Deactivate Coal Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
East Kentucky Power Cooperative will continue deactivating its coal-fired Dale Station power plant with complete shutdown expected by April 2015. Subject to regulatory approval, ash waste from the site will be transported to an ash landfill. The plant will be placed in indefinite storage to comply...

 

HTMLThird District Court of Appeal Upholds Level Of Detail In Programmatic EIR for Rail Corridor
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
September 15, 2014, previously published on September 3, 2014
Programmatic EIRs invariably invoke the uneasy question, of “how much information is enough?” This question is reminiscent of the challenge to the United States Supreme Court in defining obscenity and Justice Potter Stewart’s concurring opinion when he acknowledged the difficulty...

 


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