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Adobe PDFErosion and Sedimentation Control Regulations
John F. Lushis; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
Legal Alert/Article
February 6, 2015, previously published on December 2014
The erosion and sedimentation control regulations of the Pennsylvania Department of Environmental Protection (DEP) provide that a person proposing an earth disturbance activity that involves one acre or more of earth disturbance must obtain an individual National Pollutant Discharge Elimination...

 

HTMLDistrict Court Strikes Down Regulation of Purely Intrastate Species on Private Land
Alexander L. Merritt; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 11, 2014
In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that the challenged regulation went beyond the scope of the Commerce Clause...

 

HTMLNew Jersey Supreme Court Sustains Municipal Downzoning Ordinances and Requires Property Owners to Seek a Variance Before Claiming de facto Taking
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
February 5, 2015, previously published on February 2015
In Griepenburg v. Township of Ocean, decided by the New Jersey Supreme Court on January 22, 2015, the plaintiffs challenged the validity of municipal ordinances which downzoned a large area of the municipality, including most of plaintiffs’ property, into an Environmental Conservation (EC)...

 

Adobe PDFEnforcing the Species at Risk Act: Environmental Groups Gaining Ground
Sean D. Parker, Kate M. Whittleton; McLennan Ross LLP;
Legal Alert/Article
February 4, 2015, previously published on Summer 2014
Environmental groups have been finding success in recent years by taking the Government of Canada to court for the manner in which it has attempted to implement the federal Species at Risk Act (“SARA”); implementation which many critics say (and several Courts have accepted) is not in...

 

HTMLEagle LNG Partners Jacksonville Files Draft Resource Reports
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 4, 2015, previously published on January 6, 2015
Eagle LNG Partners Jacksonville LLC (Eagle LNG) has submitted to FERC Draft Resource Reports 1 (General Project Description) and 10 (Alternatives) for its proposed LNG production, storage, and export facility on the St. Johns River in Jacksonville, Fla.

 

HTMLFirst Nations File Court Appeal of B.C. Approval of Kitimat Feeder Pipeline
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 4, 2015, previously published on December 19, 2014
The Globe and Mail reports that Canadian First Nations Nadleh Whut’en and Nak’azdli (the First Nations) have filed a court appeal of the British Columbia (B.C.) Environmental Assessment Office (EAO) decision to approve TransCanada’s Coastal GasLink pipeline project, which would...

 

HTMLIndictments In West Virginia Water Contamination Case Reminder Of Potential Criminal Consequences
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 4, 2015, previously published on December 18, 2014
Six owners, managers, and employees of the company that owned the West Virginia storage facility that leaked chemicals into the Elk River and contaminated the Charleston area’s water supply in January 2014 were charged criminally yesterday with violations of the Clean Water Act. The U.S....

 

HTMLNew Jersey Supreme Court Rules Spill Act Contribution Claims Not Subject to Statute of Limitations
Daniel Flynn, Daniel L. Schmutter; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
January 30, 2015, previously published on January 2015
In a much anticipated decision announced on January 26, 2015, the New Jersey Supreme Court held that the six-year statute of limitations that applies generally to property damage tort claims does not apply to claims for contribution under the New Jersey Spill Compensation and Control Act...

 

HTMLNew Energy & Environmental Ministry Mandates
Marco M. Baldasaro; McLennan Ross LLP;
Legal Alert/Article
January 30, 2015, previously published on September 22, 2014
On September 15, 2014 the Office of the Premier sent mandate letters to each of the Premier's new ministers. In addition to highlighting the provincial government's general priorities, each letter addresses specific focus points for each ministry. The Premier has indicated in a release that the...

 

HTMLEPA Issues New Proposed Ozone NAAQS of 65-70 ppb
Marie B. Durrant, Emily C. Schilling; Holland & Hart LLP;
Legal Alert/Article
January 28, 2015, previously published on December 3, 2014
On November 26, 2014, EPA proposed a new primary National Ambient Air Quality Standard (NAAQS) for Ozone of 65-70 parts per billion (ppb), a more stringent standard than the current 2008 Ozone NAAQS of 75 ppb. If EPA reduces the standard to 65 ppb, 53 of the 63 counties with qualified monitors in...

 


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