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HTMLTSCA Reform Presents Solutions and Questions for Industry
Samina M. Bharmal, Jay Holloway, Susan G. Lafferty, David M. McCullough, Liz Williamson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 28, 2016, previously published on June 28, 2016
On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the first amendments to the Toxic Substances Control Act (TSCA) since its passage in 1976. The amendments significantly change the way that the U.S. Environmental Protection Agency...


HTMLOhio EPA "Digs Up Ideas" for the Beneficial Reuse of Lake Erie Dredged Sediment
Leslie G. Wolfe; Walter;
Legal Alert/Article
June 22, 2016, previously published on May 2016
On May 11, 2016, nearly two hundred public employees and members of the business community gathered at Lorain County Community College to help the Ohio EPA explore ways to repurpose material dredged from Lake Erie's harbors. The "Dredged Material: Make It Your Business - Digging up Ideas...


HTMLSCOTUS Levels the Playing Field
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
June 17, 2016, previously published on June 2016
The Supreme Court’s decision in Corps of Engineers v. Hawkes provides a welcome and much-needed avenue for review of approved jurisdictional determinations (JD) issued by the Corps of Engineers. Hopefully, the decision will inhibit the Corps from unfounded or tenuous assertions of...


HTMLOntario’s Proposed Climate Change Action Plan
Michael R. Barrett, Thomas W. McInerney; Bennett Jones LLP;
Legal Alert/Article
June 16, 2016, previously published on May 18, 2016
The Globe and Mail published details of a proposed 57-paged comprehensive plan by the Ontario government to address climate change by significantly reducing the province’s carbon footprint. The plan, entitled Ontario’s Climate Change Action Plan, has apparently been hotly debated in...


HTMLHigh Court Opens Door Wider to Judicial Reviews of Many Corps Wetland Calls
Boyd A. Bryan, Stanley A. Millan; Jones Walker LLP;
Legal Alert/Article
June 9, 2016, previously published on June 2, 2016
The U.S. Supreme Court just announced in a long-awaited decision that an "approved" jurisdictional determination (JD) is a final agency action that is judicially reviewable. United States Army Corps of Engineers v. Hawkes Co., Inc., ---S.Ct. ---, No. 15-290 (May 31, 2016). This case means...


Adobe PDFCritical Time For Montana Water Quality Standards
Victoria (Vicki) A. Marquis, Mark L. Stermitz, Christopher C. Stoneback; Crowley Fleck PLLP;
Legal Alert/Article
June 7, 2016, previously published on May 12, 2016
On June 3, 2016 at 9:00 AM, as part of its regularly scheduled triennial review process, the Montana Board of Environmental Review (BER) will hold a public hearing at the Metcalf Building in Helena to receive comments regarding Montana’s water quality standards. This hearing and any resulting...


Adobe PDFAdministrative Monetary Penalties: New Federal Environmental Enforcement Measures Underway in Canada
Marie-Claude Bellemare, Alexandre Desjardins; Borden Ladner Gervais LLP;
Legal Alert/Article
June 6, 2016, previously published on April 20, 2016
On April 9, 2016, the government of Canada published draft regulations (the "Draft AMP Regulations")1 providing details on the implementation of the Environmental Violations Administrative Monetary Penalties Act2 ("EVAMPA"), together with a Policy Framework3, which outline the...


HTMLShifting Environmental Liabilities after the Redwater Decision
Leanne Desbarats, Matti Lemmens; Borden Ladner Gervais LLP;
Legal Alert/Article
June 3, 2016, previously published on May 27, 2016
In a recent decision of the Alberta Court of Queen's Bench, the Court considered whether the Alberta Energy Regulator (the "AER") can restrict a trustee's powers to sell or disclaim uneconomic assets subject to AER licences, in particular assets subject to costly environmental...


HTMLAlaska LNG Files Monthly Status Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 26, 2016, previously published on May 25, 2016
Alaska LNG has filed a report with FERC covering through April 2016 the status of pre-filing environmental review activities for its proposed liquefaction and LNG export terminal at Nikiski, Alaska and 800-mile interconnected pipeline. The report states that due to ongoing pre-Front End Engineering...


HTMLNew TSCA Chemical Safety Advisory Committee (CSAC) Now Active
Martha E. Marrapese; Keller and Heckman LLP;
Legal Alert/Article
May 26, 2016, previously published on May 2, 2016
EPA has now activated the TSCA Chemical Safety Advisory Committee (CSAC) that it announced it would establish in June 2015. The CSAC will provide independent scientific advice and recommendations on the scientific basis for the agency’s risk assessments, methodologies, pollution prevention...


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