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HTMLEPA Clean Power Plan Raises Reliability Concerns, Says NERC
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 28, 2014, previously published on November 19, 2014
The North American Electric Reliability Corporation (NERC) has released its first assessment of the U.S. Environmental Protection Agency’s Clean Power Plan. In its report NERC identified several reliability challenges posed by the proposed rule, including the need for significant...

 

Adobe PDFNinth Circuit Upholds District Court Decision Finding State Route 47 Expressway Project is not in Violation of NEPA or the Clean Air Act
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
November 27, 2014, previously published on November 12, 2014
On October 30, 2014, the Ninth Circuit upheld the District Court’s finding that the State Route 47 Expressway Project, a planned 1.7 mile stretch of elevated highway connecting the Ports of Los Angeles and Long Beach to I-405, did not violate the Clean Air Act or the National Environmental...

 

Adobe PDFTo Seek Cost Recovery or Contribution under CERCLA? The Seventh Circuit Seeks to Further Clarify the Distinction in NCR Corp. v. George A. Whiting Paper Co.
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In CERCLA cases, courts are often confronted with scenarios where it is unclear precisely which cause of action a party can or must pursue to recover incurred cleanup costs against Potential Responsible Parties (“PRPs”). Whether a party must proceed under two critical sections (107(a)...

 

Adobe PDFThe Bona Fide Prospective Purchaser Defense to CERCLA Liability
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) is a strict liability statute. Nonetheless, CERCLA provides for a limited number of defenses to liability. One of these defenses is called the “bona fide prospective purchaser” exception to...

 

Adobe PDFCalifornia’s Good Intentions Gone Haywire
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In 1969, stirred by Congress’ passage of the National Environmental Policy Act (NEPA), California thought it was doing one better. California passed the California Environmental Quality Act (CEQA) which requires state and local agencies to identify the significant environmental impacts of...

 

Adobe PDFCourt Strikes Down Environmental Review of the Kern Water Bank
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In 1994, in response to the devastating drought of the late 1980s and early 1990s, the California Department of Water Resources and the State Water Project contractors entered into the so-called “Monterey Agreement,” regarding water deliveries to certain contractors, primarily in...

 

HTMLFalling Oil Prices Ignite Concern over Bakken Crude
Joseph J. McGovern; Obermayer Rebmann Maxwell & Hippel LLP;
Legal Alert/Article
November 20, 2014, previously published on November 13, 2014
Gasoline prices have been falling steadily for months. Now a gallon may be purchased for substantially less than three dollars in many regions of the country. That’s welcome news for consumers, but environmentalists, regulators and first responders have been asking whether there are risks...

 

HTMLIs There a Statute of Limitations for Contribution Actions Under New Jersey’s Spill Act?
Alex P. Basilevsky; Obermayer Rebmann Maxwell & Hippel LLP;
Legal Alert/Article
November 20, 2014, previously published on October 14, 2014
A cornerstone of environmental legislation in New Jersey is The New Jersey Spill Compensation and Control Act (“Spill Act”), N.J.S.A. 58:10-23.11 et seq.; New Jersey’s analogue to the federal Comprehensive Environmental Response, Compensation, and Liability Act, more commonly...

 

HTMLCan Landlords With Knowledge of Tenant’s Pollution be Liable for Cleanup Under Indiana’s Environmental Legal Action Statute?
Thomas A. Barnard; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 18, 2014, previously published on November 10, 2014
A recent ruling by the Indiana Court of Appeals could expand liability under Indiana’s Environmental Legal Action statute (“ELA”). The ruling in JDN Properties, Inc. v. VanMeter Enterprises, Inc., 2014 WL 4656543 (Ind. App. Sept. 19, 2014), potentially extends ELA liability to...

 

HTMLBC Greenhouse Gas Industrial Reporting and Control Act Passes Second Reading
Wally Braul, Thomas W. McInerney, Gray E. Taylor; Bennett Jones LLP;
Legal Alert/Article
November 17, 2014, previously published on November 03, 2014
On October 20, 2014, the Greenhouse Gas Industrial Reporting and Control Act (Bill 2) (hereinafter the Bill) was introduced, and on October 29, 2014, the Bill passed second reading in the British Columbia Legislative Assembly. The Bill, if enacted, would repeal the Greenhouse Gas Reduction (Cap and...

 


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