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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 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 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...

 

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...

 

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...

 

HTMLCanadian Environmental Agency Concludes Pacific NorthWest LNG Terminal Unlikely to Cause Significant Adverse Effects
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 20, 2016, previously published on January 19, 2016
The Globe and Mail reports that scientists from Fisheries and Oceans Canada, a federal agency, sent a letter last week to the Canadian Environmental Assessment Agency concluding that “[t]he effects of the [Pacific NorthWest LNG] marine structure on fish and fish habitat have been categorized...

 

HTMLCalifornia Congressional Delegation Continues to Struggle with Drought Legislation
Duane Morris LLP;
Legal Alert/Article
January 19, 2016, previously published on December 2015
Despite some early light rainfall, the California drought persists. Nearly two-and-a-half months into the new water year, and even with some ski areas having small amounts of snow to make rock skiing fun, California’s water security remains in dire condition.

 

HTMLCalifornia State Water Resources Control Board Issues Notice to Water Rights Holders
Duane Morris LLP;
Legal Alert/Article
January 19, 2016, previously published on November 2015
On October 27, 2015, the California State Water Resources Control Board (the “Water Board”) issued a notice to all pre-1914 water rights holders for the Sacramento-San Joaquin watersheds and Delta, indicating that water is available for diversion. The Water Board based its determination...

 

HTMLExtensions to Water Conservation Regulation in California
Jolie-Anne S. Ansley; Duane Morris LLP;
Legal Alert/Article
January 19, 2016, previously published on January 2016
On December 21, 2015, the State Water Resources Control Board (Water Board) released a proposed regulatory framework for modifications to the now-contemplated extensions to the Emergency Regulation for Urban Water Conservation currently in effect in California.

 

HTMLMarket Forces and States as Laboratories—Not Always Desired by Business
Duane Morris LLP;
Legal Alert/Article
January 19, 2016, previously published on December 2015
In the wake of the December 17, 2015, passage of a Toxic Substances Control Act (TSCA) reform bill by the U.S. Senate, which followed the lead of the U.S. House of Representatives, one may ask: What is going on? The current Congress is supporting new federal environmental regulation?

 


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