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Adobe PDFSupreme Court Confirms Immediate Judicial Review of Approved Jurisdictional Wetland Delineations
Summer L. Nastich; Morris Polich Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
The Supreme Court wrote the latest chapter in the Waters of the United States book in United States Army Corps. of Engineers v. Hawkes Co., Inc. (2016) 136 S.Ct. 1807. At issue in Hawkes is whether approved jurisdictional wetlands delineations (“JDs,” not to be confused with the degrees...

 

Adobe PDFWhen Grammar Fails, Common Sense Prevails: So Holds a Texas Federal Court in a Recent Arranger Liability Case
Ariana N. Sarabia; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In MEMC Pasadena, Inc. v. Goodgames Industrial Solutions, LLC, 143 F. Supp. 3d 570 (S.D. Texas 2015), Plaintiff MEMC Pasadena, Inc. (“MEMC”), a silicon wafer manufacturer, brought an action against its waste disposal broker, Goodgames Industrial Solutions, LLC (“GIS”)...

 

Adobe PDFEnvironmental Review of Desert Water Production Project Approved by California Appellate Court
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
Cadiz, Inc. (Cadiz) owns land in San Bernardino County, which overlies the Cadiz Valley and Fenner Valley aquifer system in the Mojave Desert. The aquifer is estimated to contain 17 to 34 million acre-feet of fresh groundwater. Currently this groundwater flows downward to dry lakes, where it mixes...

 

Adobe PDFThe First Circuit Circumscribes the Clean Water Act’s Citizen Enforcement Provisions
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In a July 18, 2016, opinion, the First Circuit Court of Appeals affirmed the U.S. District Court for the District of Rhode Island’s decision for defendants in a citizen enforcement action brought under the Clean Water Act (CWA). Paolino v JF Realty LLC 2016 WL 3878158 (1st Cir. 2016). The...

 

Adobe PDFFull Disclosures Are A Must When Buying Pollution Insurance For Maritime Activities
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In Fireman’s Fund Insurance Co. v. Great American Insurance Co. (2d Cir. 2016) 822 F.3d 620, the Second Circuit considered whether the maritime law doctrine of uberrimae fidei (utmost good faith) authorized Great American Insurance Company to void a pollution liability policy. The policy...

 

Adobe PDFProposition 65 “Warnings” Website Goes Live
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
The Office of Environmental Health Hazard Assessment (OEHHA), the agency that administers California’s Proposition 65, has inaugurated a website containing a wide array of information regarding Prop 65, the law requiring clear and reasonable warnings before exposing any person to chemicals...

 

HTMLIn Case You Missed It, A New Act Amends Wisconsin’s Managed Forest Law
Evie M. Hightower; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 19, 2016, previously published on August 17, 2016
On April 14, 2016, Governor Scott Walker signed into law Wisconsin Senate Bill 434, a bill that significantly amends the Managed Forest Law (Sections 77.80 to 77.91, Wis. Stats.), thereby enacting the 2015 Wisconsin Act 3581 (the Act). Wisconsin legislators created the Managed Forest Law (MFL)...

 

HTMLFederal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway
David W. Bursey, Radha D. Curpen, Francco De Luca, Brad Gilmour, Jessica E. Mathewson; Bennett Jones LLP;
Legal Alert/Article
August 17, 2016, previously published on July 24, 2016
On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the federal Cabinet's June 2014 approval of Enbridge’s Northern Gateway...

 

HTMLEvolution of Source Determination for Certain Emission Units in the Oil and Natural Gas Sector
Casey F. Bradford, Thomas M. (Tom) Donnelly, Thomas A. (Tom) Hamilton, Jennifer M. (Jen) Hayes, Charles T. (Chuck) Wehland; Jones Day;
Legal Alert/Article
August 16, 2016, previously published on August 2016
On August 2, 2016, the Environmental Protection Agency's ("EPA") final rule regarding the aggregation of physically separate emitting surface sites into a single source for permit determinations in the oil and natural gas industry took effect.[1] This Source Determination for Certain...

 

HTMLCEQ Issues Measured Final Guidance for Federal Agencies in their Consideration of GHG Emissions in NEPA Reviews
Francesca Ciliberti-Ayres, Howard L. Nelson; Greenberg Traurig, LLP;
Legal Alert/Article
August 16, 2016, previously published on August 4, 2016
On Aug. 1, 2016, the Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act (NEPA) Reviews. CEQ issued the guidance in an endeavor...

 


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