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HTMLEnvironmental Groups Request Rehearing and Stay of FERC Order Approving Dominion Cove Point Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 3, 2014, previously published on October 16, 2014
Chesapeake Climate Action Network, EarthReports, Inc., Sierra Club and other environmental groups filed a request for rehearing and a motion for stay pending rehearing, of FERC’s September 29, 2014 order, which approved the Dominion Cove Point LNG export terminal in Lusby, Md. The groups...

 

HTMLFreeport LNG Receives Authorization to Begin Construction
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 3, 2014, previously published on October 17, 2014
FERC issued an order today granting Freeport LNG authority to commence construction of its LNG export terminal project near Quintana Island, Brazoria County, Texas. The order authorizes construction of the Pretreatment Plant, the Liquefaction Plant, and the Phase II Modification Project, with...

 

HTMLNJDEP Announces New Guidance On “Unrelated Contamination”
Marc D. Policastro; Giordano, Halleran & Ciesla A Professional Corporation;
Legal Alert/Article
November 3, 2014, previously published on October 7, 2014
The New Jersey Department of Environmental Protection (NJDEP) has announced a specific “Guidance Document” and protocol to assist Licensed Site Remediation Professionals (LSRPs) to address contamination that is suspected to be unrelated to a known discharge undergoing remediation. In...

 

HTMLNextDecade Expects to File for FERC Pre-Filing Review in January 2015
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 3, 2014, previously published on October 17, 2014
The Brownsville Herald reports that NextDecade expects to file a request in January 2015 to begin FERC’s pre-filing environmental review process for a proposed LNG export terminal at the Port of Brownsville, Texas. The pre-filing request would include a proposal for an interconnected...

 

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 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 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...

 

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...

 

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...

 


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