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|Kaska Nation Announces Plans to Develop a New Resource Law in its Traditional Territory, While Yukon Government Extends Staking Prohibition in Ross River Area|
Stephanie Axmann, Selina Lee-Andersen; McCarthy Tétrault LLP;
March 16, 2015, previously published on February 4, 2015On January 27, 2015, the leaders of the Kaska Nation issued a news release and declaration announcing plans to develop a resource law and regulations (Kaska Resource Law). The introduction of the Kaska Resource Law is intended to provide clear direction to resource proponents seeking to operate in...
|EPA’s Rules Related to Carbon Emissions and Climate Change Prompt A New Focus By The Opposition|
Ronald W. Farley; Burr & Forman LLP;
March 16, 2015, previously published on March 2, 2015EPA’s new rules for limiting emissions of carbon dioxide for both existing power plants and proposed plants have prompted at least two substantive reports by public policy institutes focusing on the economic aspects of the proposals. The Beacon Hill Institute at Suffolk University and The...
|Obama Administration Anticipates Movement in Doomsday Clock|
Scott Hitch, Michelli Rivera; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 16, 2015, previously published on January 29, 2015Last week the Bulletin of the Atomic Scientists (BAS) moved the minute hand on the Doomsday Clock two minutes closer to midnight. Advancement of the clock hand symbolizes experts’ concerns on the threat of global catastrophe. Kennette Benedict, executive director of the BAS warned that...
|New York Clears the Way for Permitting LNG-Refueling Stations|
Robert M. Rosenthal, Steven C. Russo; Greenberg Traurig, LLP;
March 13, 2015, previously published on January 30, 2015The New York State Department of Environmental Conservation (DEC) announced on January 28, 2015 that it has finalized a new regulatory regime to allow the construction of liquefied natural gas (LNG) refueling stations in all parts of the State except for New York City. Under the agency’s...
|Recent New Jersey Case Law on Environmental Claims|
Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 10, 2015, previously published on March 1, 2015In Morristown Assoc. v. Grant Oil Co., 2015 N.J. LEXIS 50 (N.J. Jan. 26, 2015) the issue on appeal was whether the general six-year statute of limitations contained in N.J.S.A. 2A:14-1 applies to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act...
|Insolvency and Environmental Liabilities|
Matti Lemmens; Borden Ladner Gervais LLP;
March 9, 2015, previously published on February 19, 2015 Recent decisions in the Ontario courts have brought this issue to the forefront, which is salient during this time of economic uncertainty for the oil industry and its related environmental obligations. The courts have had to focus on balancing competing public interests: those of creditors and the...
|Through the Looking Glass: The Extractive Sector Transparency Measures Act Receives Royal Assent|
Sean Jones, Rick Williams; Borden Ladner Gervais LLP;
March 9, 2015, previously published on February 19, 2015 On December 16, 2014, the Extractive Sector Transparency Measures Act (the “Act”) received Royal Assent. The Act requires all entities involved in the commercial development of oil, gas or minerals, in Canada or elsewhere, to report payments made to domestic or foreign governments...
|Dodging the Corporate Veil - Recent Attempts to Hold Companies Liable for the Actions of their Foreign Subsidiaries|
Timothy Bottomer, Rick Williams; Borden Ladner Gervais LLP;
March 9, 2015, previously published on February 19, 2015Any Canadian resource company with operations abroad should be aware of the emerging trend of lawsuits against Canadian mining companies seeking damages for the alleged actions of their foreign subsidiaries. Traditionally, such suits have been prevented by the “corporate veil” that...
|Record Environmental Penalty: Fisheries Act Fines in Québec May Impact All|
William McNaughton, Marc Unger; Borden Ladner Gervais LLP;
March 9, 2015, previously published on February 19, 2015On December 19, 2014, after pleading guilty to 45 counts for infringements of the Fisheries Act and its Metal Mining EffluentRegulations, Bloom Lake General Partner Limited (“Bloom Lake”) was penalized some $7.5 million. The investigation by Environment Canada into Bloom Lake’s...
|Arizona Electric Power Cooperative Regional Haze Plan Approved by EPA|
Sutherland Asbill Brennan LLP;
March 5, 2015, previously published on March 4, 2015Arizona Electric Power Cooperative (AEPCO) has become the first Arizona utility to settle out of court with the US Environmental Protection agency (EPA) regarding EPA’s regional haze rules. AEPCO presented an alternative plan than the one initially required by EPA’s original rule, and...