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HTMLKaska 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;
Legal Alert/Article
March 16, 2015, previously published on February 4, 2015
On 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...

 

HTMLEPA’s Rules Related to Carbon Emissions and Climate Change Prompt A New Focus By The Opposition
Ronald W. Farley; Burr & Forman LLP;
Legal Alert/Article
March 16, 2015, previously published on March 2, 2015
EPA’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...

 

HTMLObama Administration Anticipates Movement in Doomsday Clock
Scott Hitch, Michelli Rivera; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 16, 2015, previously published on January 29, 2015
Last 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...

 

HTMLNew York Clears the Way for Permitting LNG-Refueling Stations
Robert M. Rosenthal, Steven C. Russo; Greenberg Traurig, LLP;
Legal Alert/Article
March 13, 2015, previously published on January 30, 2015
The 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...

 

HTMLRecent New Jersey Case Law on Environmental Claims
Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 10, 2015, previously published on March 1, 2015
In 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...

 

HTMLInsolvency and Environmental Liabilities
Matti Lemmens; Borden Ladner Gervais LLP;
Legal Alert/Article
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...

 

HTMLThrough the Looking Glass: The Extractive Sector Transparency Measures Act Receives Royal Assent
Sean Jones, Rick Williams; Borden Ladner Gervais LLP;
Legal Alert/Article
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...

 

HTMLDodging the Corporate Veil - Recent Attempts to Hold Companies Liable for the Actions of their Foreign Subsidiaries
Timothy Bottomer, Rick Williams; Borden Ladner Gervais LLP;
Legal Alert/Article
March 9, 2015, previously published on February 19, 2015
Any 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...

 

HTMLRecord Environmental Penalty: Fisheries Act Fines in Québec May Impact All
William McNaughton, Marc Unger; Borden Ladner Gervais LLP;
Legal Alert/Article
March 9, 2015, previously published on February 19, 2015
On 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...

 

HTMLArizona Electric Power Cooperative Regional Haze Plan Approved by EPA
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 5, 2015, previously published on March 4, 2015
Arizona 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...

 


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