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Adobe PDFThe Legal and Regulatory Framework for Mining in Nigeria: A Catalyst for Investment
Azeez Akande, Oladotun Alokolaro; Advocaat Law Practice;
Legal Alert/Article
February 4, 2016, previously published on December 2015
There is no gain saying that Nigeria is richly endowed with various mineral deposits. As at the last count, the Ministry of Mines and Steel Development (“Ministry”) has identified about 44 different mineral occurrences across the country notable amongst which are Coal, Iron, Lead and...

 

HTMLChina Begins Enforcing Newly Amended Environmental Protection Law
Lillian He, Michael Vella; Jones Day;
Legal Alert/Article
February 2, 2016, previously published on January 2016
The Environmental Protection Law (the "EPL") of the People's Republic of China ("PRC") was promulgated more than 25 years ago. But only recently have substantive amendments to the EPL, combined with public awareness and government leadership, provided reason to hope that the EPL...

 

Adobe PDFState Amending Proposition 65 "Clear and Reasonable Warning" Regulations
Evelyn F. Heidelberg; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
January 29, 2016, previously published on December 2015
Under proposed amendments released in late November to the Prop 65 regulations in effect for the past 27 years, the California Office of Environmental Health Hazard Assessment (“OEHHA”) would require businesses to change their warnings if they want to gain the benefit of the regulatory...

 

Adobe PDFAppeals Court Can See the Forest for the (Old) Trees
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
In 1976, the City of Santa Cruz (City) sought to protect its urban forest by adopting the "Heritage Tree Ordinance," which governs the protection of large trees and trees having other significance. The City later adopted the "Heritage Tree Removal Resolution," which governs the...

 

Adobe PDFNinth Circuit Requires EPA to Apply Scientific Studies Supporting Its Actions in Regulating Honeybee Pesticide
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
The Ninth Circuit gave the Environmental Protection Agency (EPA) a strong rebuke in relation to the unconditional registration of sulfoxaflor, a pesticide toxic to honeybees, in Pollinator Stewardship Council v. U.S. Environmental Protection Agency. In this case, the Ninth Circuit stated clearly...

 

Adobe PDFDischargers Find No Harbor in the Clean Air Act from State Common Law Claims
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
On November 2, 2015, citing the Clean Air Act’s (“the Act”) “savings” clause, principles of federalism and analogizing with the Clean Water Act and its case law, the Sixth Circuit Court of Appeals found that the Act does not preempt claims based on a source...

 

Adobe PDFPre-CERCLA Indemnification Agreements Can Release PRPs From Liability
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
The Seventh Circuit recently agreed with a district court that an indemnity agreement, entered into before the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) became law, barred a contribution claim under CERCLA. Peoples Gas Light & Coke Co. v. Beazer E., Inc.,...

 

Adobe PDFThe Many Faces of the Environment
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
This time of year is celebrated with good cheer, family, and tradition. The MPP environmental family has decided to continue our own tradition by once again reciting a poem with changes the original author would not have imagined. If he was still around I am sure he would want to beat me with a...

 

Adobe PDFU.S. Army Corps of Engineers not Required to Conduct NEPA Analysis of Entire 593-Mile Oil Pipeline when 95 Percent of Pipeline Crossed Purely Private Property
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
On September 29, 2015, the D.C. Circuit in Sierra Club v. U.S. Army Corps of Engineers (D.C. Cir. No. 14-5205) upheld a federal district court dismissal of an environmental group's National Environmental Policy Act (NEPA) and Clean Water Act claims against the U.S. Army Corps of Engineers...

 

HTMLUpcoming Deadline for TSCA "Polymer Exemption" Notification
Thomas C. Berger; Keller and Heckman LLP;
Legal Alert/Article
January 22, 2016, previously published on January 8, 2016
An important deadline is approaching for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption," in that the one-time notification to the U.S. Environmental Protection Agency (EPA) that must identify the number of polymers first...

 


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