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HTMLD.C. Circuit Considers Challenges to Clean Power Plan
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
Legal Alert/Article
October 10, 2016, previously published on October 2016
On September 27, 2016, the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") heard oral argument before an en banc panel in West Virginia v. EPA,[1] a case involving challenges to the U.S. Environmental Protection Agency’s ("EPA") 2015...

 

Adobe PDFNinth Circuit Holds Endangered Species Act Treats Plants and Animals Differently
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
October 6, 2016, previously published on September 26, 2016
The Bureau of Land Management (BLM) manages a tract of desert called the Imperial Sand Dunes Special Recreation Management Area (Dunes) just north of the Mexican border in Imperial County, California, comprising in excess of 200,000 acres. In 2013, BLM adopted a Recreation Area Management Plan...

 

Adobe PDFWhen are Pollutant Discharges to Groundwater Subject to the Clean Water Act?
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
October 6, 2016, previously published on September 26, 2016
In a November 6, 2015, opinion, the United States District Court for the Eastern District of Virginia ruled that plaintiff had adequately pleaded a cause of action plausible on its face that pollutant discharges to groundwater which was “hydrologically-connected” to surface water bodies...

 

Adobe PDFNew York Court Rejects “Unavailability” Exception to Time on Risk Allocation for Continuous and Gradual Contamination
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
October 6, 2016, previously published on September 26, 2016
In Keyspan Gas East Corporation v. Munich Reinsurance America, Inc. N.Y.S.3d, 2016 WL 4543479, the New York Supreme Court, Appellate Division addressed the proper allocation “of risk of loss attributable to a continuous harm occurring, in part, during periods when liability insurance was...

 

Adobe PDFNo Liability for Past Deeds
Steven L. Hoch, Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
October 6, 2016, previously published on September 26, 2016
A case in the Third Circuit has held that the Pennsylvania Department of Environmental Protection (PADEP) may not, under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), recover costs from current landowners if the costs were incurred prior to the owner's purchase...

 

Adobe PDF15 of the World’s Key Environmental Issues and a Walk on the Wild Side
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
October 6, 2016, previously published on September 26, 2016
I drew a blank as I sat and pondered what to write about this month. Not because there are no environmental issues to examine and discuss, but none sprung to the frontal lobe, they were kind of muddled in the lower left lobe somewhere between the craving for an Oreo and my thoughts about the...

 

Adobe PDFCalifornia Governor Signs Climate Change Legislation
Ariana N. Sarabia; Morris Polich & Purdy LLP;
Legal Alert/Article
October 6, 2016, previously published on September 26, 2016
In furtherance of California Governor Jerry Brown’s mission to reduce greenhouse gas pollution, on September 8, 2016, the governor signed into law two important pieces of climate change legislation, Senate Bill 32 and Assembly Bill 197.

 

HTMLNew Emergency Rule in Florida Requires Responsible Parties to Quickly Notify Public of Pollution Spills
Maribel N. Nicholson-Choice; Greenberg Traurig, LLP;
Legal Alert/Article
October 5, 2016, previously published on September 28, 2016
On Sept. 26, 2016, Governor Scott ordered the Florida Department of Environmental Protection to immediately issue an emergency rule requiring immediate notification of pollution spills to the general public, FDEP, and local governments. FDEP provides a copy of the Governor’s order and related...

 

HTMLAgencies Issue Joint Guidance Regarding Bulk Shipment of Hazardous Chemicals
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
Legal Alert/Article
September 28, 2016, previously published on September 2016
The Pipeline and Hazardous Materials Safety Administration ("PHMSA"), a division of the United States Department of Transportation, implements the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., which is the primary federal statute governing the transportation of...

 

HTMLEnvironmental Assessment for Petronas Project Due Next Monday
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 27, 2016, previously published on September 26, 2016
CBC News reports that the Canadian Environmental Assessment Agency’s final environmental report on Petronas’s proposed Pacific NorthWest LNG (PNWLNG) export terminal near Prince Rupert, British Columbia is due to be released October 3. According to its website, PNWLNG announced a...

 


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