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|'Emission Shaming' - EPA's Latest Compliance Tactic And How To Protect Yourself|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
February 12, 2016, previously published on February 2016The Scarlet Letter, a book written over a century ago, is a tale in which public shaming was used to punish, modify behavior, and serve as a lesson for others. What is old is new again, as EPA has taken a page from Nathaniel Hawthorne to paint a regulatory scarlet "E" on otherwise...
|Draft Environmental Report Issued for Pacific NorthWest LNG Project|
Sutherland Asbill Brennan LLP;
February 12, 2016, previously published on February 11, 2016The Canadian Environmental Assessment Agency has released a draft environmental assessment for the Petronas-sponsored Pacific NorthWest LNG liquefaction and export terminal near Lelu Island, British Columbia. The report concludes that the Project is likely to cause significant adverse environmental...
|Flint Water Crisis Comes to Washington|
McDonald Hopkins LLC;
February 11, 2016, previously published on January 29, 2016The water crisis in Flint, Michigan, has made national news and now the crisis is making its way to the Hill. Sens. Gary Peters (D-MI) and Debbie Stabenow (D-MI) plan to introduce an amendment related to the Flint crisis. The amendment will be offered as part of the Senate's consideration of a...
|Audit and Small Business Compliance Policy Disclosures Now Subject to Mandatory Electronic Submission|
Thomas C. Berger, Gregory A. Clark; Keller and Heckman LLP;
February 8, 2016, previously published on January 26, 2016Beginning December 9, 2015, voluntary disclosures and related submissions to the U.S. Environmental Protection Agency (EPA) under the Agency’s “Audit Policy” and “Small Business Compliance Policy” must be made electronically using EPA’s new...
|2016 TSCA Chemical Data Reporting - Are You Prepared?|
Thomas C. Berger; Keller and Heckman LLP;
February 8, 2016, previously published on January 14, 2016The Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule (40 C.F.R. Part 711) will require U.S. manufacturers and importers of certain chemical substances to report information on these substances to the U.S. Environmental Protection Agency (EPA) by September 30, 2016. Industry...
|The Legal and Regulatory Framework for Mining in Nigeria: A Catalyst for Investment|
Azeez Akande, Oladotun Alokolaro; Advocaat Law Practice;
February 4, 2016, previously published on December 2015There is no gain saying that Nigeria is richly endowed with various mineral deposits. As at the last count, the Ministry of Mines and Steel Development (“Ministry”) has identified about 44 different mineral occurrences across the country notable amongst which are Coal, Iron, Lead and...
|China Begins Enforcing Newly Amended Environmental Protection Law|
Lillian He, Michael Vella; Jones Day;
February 2, 2016, previously published on January 2016The Environmental Protection Law (the "EPL") of the People's Republic of China ("PRC") was promulgated more than 25 years ago. But only recently have substantive amendments to the EPL, combined with public awareness and government leadership, provided reason to hope that the EPL...
|State Amending Proposition 65 "Clear and Reasonable Warning" Regulations|
Evelyn F. Heidelberg; Procopio, Cory, Hargreaves & Savitch LLP;
January 29, 2016, previously published on December 2015Under proposed amendments released in late November to the Prop 65 regulations in effect for the past 27 years, the California Office of Environmental Health Hazard Assessment (“OEHHA”) would require businesses to change their warnings if they want to gain the benefit of the regulatory...
|U.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;
January 27, 2016, previously published on December 17, 2015On 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...
|Dischargers Find No Harbor in the Clean Air Act from State Common Law Claims|
Richard E. Stultz; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015On November 2, 2015, citing the Clean Air Act’s (“the Act”) “savings” clause, principles of federalism and analogizing with the Clean Water Act and its case law, the Sixth Circuit Court of Appeals found that the Act does not preempt claims based on a source...