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|Paris Agreement Sets the Stage for Global Greenhouse Gas Emission Reductions|
Mary Beth Deemer, Alina Fortson, Jennifer M. Hayes, Anna Claire Skinner, Charles T. Wehland; Jones Day;
January 11, 2016, previously published on December 2015On December 12, 2015, 195 countries adopted the first global agreement addressing climate change. The Paris Agreement was adopted following two weeks of negotiations during the 21st Conference of the Parties ("COP21") to the United Nations Framework Convention on Climate Change...
|Senate Approves TSCA Reform|
Eric P. Gotting, Martha E. Marrapese, Cressinda D. Schlag; Keller and Heckman LLP;
January 8, 2016, previously published on December 18, 2015After a difficult progression, the bipartisan TSCA reform bill, the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), was passed by the Senate on Thursday, December 17, 2015. H.R. 2576 as amended by the Senate in its entirety with provisions from S. 697 provides...
|Civil Right to Compensation for Spills under Section 99(2) of EPA Clarified|
Aimee Collier, Gabrielle K. Kramer; Borden Ladner Gervais LLP;
January 5, 2016, previously published on December 21, 2015On November 27, 2015 the Ontario Court of Appeal ("ONCA") released its decision in Midwest Properties Ltd. v. John Thordarson and Thorco Contracting Limited, providing the first appellate consideration of the private right of action to compensation for spills contained in s. 99(2) of the...
|Benzene Cleanup Underway in Lake Erie|
Waters Kraus LLP;
January 5, 2016, previously published on December 14, 2015The U.S. Coast Guard has begun salvage operations to offload 4,700 barrels of benzene and other toxic chemicals from a sunken barge that went down in Lake Erie in 1937. Benzene is one of the top twenty chemicals used most often by American industry. When exposed to benzene over a long period of...
|Need for Coal Ash Regulation|
Waters Kraus LLP;
January 5, 2016, previously published on December 7, 2015Coal ash — the byproduct of coal-fueled power plants — contains several toxins known to cause birth defects and cancer. These toxins include heavy metals such as lead and hexavalent chromium. And yet, coal ash impoundments are subject to little or no regulation.
|Asbestos Cleanup in Libby, Montana Draws to End|
Waters Kraus LLP;
January 5, 2016, previously published on December 4, 2015The town of Libby, Montana is probably best known for the unusually high number of its residents suffering from mesothelioma — a terminal cancer whose only known cause is asbestos exposure. According to health workers, asbestos disease has claimed the lives of 400 people in Libby and has...
|Canada Signs Global Climate Change Agreement|
Hugo M. Alves, Michael R. Barrett, Jesslyn G. Maurier, Thomas W. McInerney, Duncan M. McPherson; Bennett Jones LLP;
January 4, 2016, previously published on December 14, 2015After many marathon negotiation sessions, Canada, along with 195 other countries, signed a new climate agreement this past weekend called the Paris Agreement. The Paris Agreement was adopted under the United Nations Framework Convention on Climate Change.
|Air Permits Don't Stop Neighbors' Nuisance Claims|
Casey F. Bradford, Alina Fortson, Charles T. Wehland; Jones Day;
December 29, 2015, previously published on December 2015On November 2, 2015, the United States Court of Appeals for the Sixth Circuit issued opinions in two cases presenting the issue of whether the federal Clean Air Act ("CAA") preempts state common law claims against sources. In both cases, the Sixth Circuit ruled that the state law claims...
|COP21 Yields Landmark Climate Change Accord: What’s Next?|
James E. Guy, Jay Holloway, Susan G. Lafferty, W. Henry Parkman, Liz Williamson; Sutherland Asbill & Brennan LLP;
December 28, 2015, previously published on December 23, 2015More than a week has passed since 195 countries announced a climate change deal to hold global average temperatures to 2°C above pre-industrial levels, with an aspirational ceiling of 1.5°C. While the accord represents an unprecedented level of international cooperation on climate change,...
|Court Of Appeal Affirms Polluter Pays Principle Is Paramount|
Luke Dineley; Borden Ladner Gervais LLP;
December 28, 2015, previously published on December 2, 2015The major recent decision of the British Columbia Court of Appeal in J.I. Properties Inc. v PPG Architectural Coatings Canada Ltd, 2015 COURT OF APPEAL 472 (“JI Properties”) affirmed the “polluter pays” principle in the context of remediation cost recovery actions under the...