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|TSCA Reform Presents Solutions and Questions for Industry|
Samina M. Bharmal, Jay Holloway, Susan G. Lafferty, David M. McCullough, Liz Williamson; Sutherland Asbill & Brennan LLP;
June 28, 2016, previously published on June 28, 2016On 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...
|Ohio EPA "Digs Up Ideas" for the Beneficial Reuse of Lake Erie Dredged Sediment|
Leslie G. Wolfe; Walter;
June 22, 2016, previously published on May 2016On 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...
|SCOTUS Levels the Playing Field|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
June 17, 2016, previously published on June 2016The 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...
|Ontario’s Proposed Climate Change Action Plan|
Michael R. Barrett, Thomas W. McInerney; Bennett Jones LLP;
June 16, 2016, previously published on May 18, 2016The 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...
|High Court Opens Door Wider to Judicial Reviews of Many Corps Wetland Calls|
Boyd A. Bryan, Stanley A. Millan; Jones Walker LLP;
June 9, 2016, previously published on June 2, 2016The 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...
|Critical Time For Montana Water Quality Standards|
Victoria (Vicki) A. Marquis, Mark L. Stermitz, Christopher C. Stoneback; Crowley Fleck PLLP;
June 7, 2016, previously published on May 12, 2016On 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...
|Administrative Monetary Penalties: New Federal Environmental Enforcement Measures Underway in Canada|
Marie-Claude Bellemare, Alexandre Desjardins; Borden Ladner Gervais LLP;
June 6, 2016, previously published on April 20, 2016On 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...
|Shifting Environmental Liabilities after the Redwater Decision|
Leanne Desbarats, Matti Lemmens; Borden Ladner Gervais LLP;
June 3, 2016, previously published on May 27, 2016In 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...
|Alaska LNG Files Monthly Status Report|
Sutherland Asbill Brennan LLP;
May 26, 2016, previously published on May 25, 2016Alaska 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...
|New TSCA Chemical Safety Advisory Committee (CSAC) Now Active|
Martha E. Marrapese; Keller and Heckman LLP;
May 26, 2016, previously published on May 2, 2016EPA 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...