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|Appeals Court Can See the Forest for the (Old) Trees|
Christopher G. Foster; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015In 1976, the City of Santa Cruz (City) sought to protect its urban forest by adopting the "Heritage Tree Ordinance," which governs the protection of large trees and trees having other significance. The City later adopted the "Heritage Tree Removal Resolution," which governs the...
|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...
|Pre-CERCLA Indemnification Agreements Can Release PRPs From Liability|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015The Seventh Circuit recently agreed with a district court that an indemnity agreement, entered into before the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) became law, barred a contribution claim under CERCLA. Peoples Gas Light & Coke Co. v. Beazer E., Inc.,...
|The Many Faces of the Environment|
Steven L. Hoch; Morris Polich & Purdy LLP;
January 27, 2016, previously published on December 17, 2015This time of year is celebrated with good cheer, family, and tradition. The MPP environmental family has decided to continue our own tradition by once again reciting a poem with changes the original author would not have imagined. If he was still around I am sure he would want to beat me with a...
|Upcoming Deadline for TSCA "Polymer Exemption" Notification|
Thomas C. Berger; Keller and Heckman LLP;
January 22, 2016, previously published on January 8, 2016An important deadline is approaching for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption," in that the one-time notification to the U.S. Environmental Protection Agency (EPA) that must identify the number of polymers first...
|Canadian Environmental Agency Concludes Pacific NorthWest LNG Terminal Unlikely to Cause Significant Adverse Effects|
Sutherland Asbill Brennan LLP;
January 20, 2016, previously published on January 19, 2016The Globe and Mail reports that scientists from Fisheries and Oceans Canada, a federal agency, sent a letter last week to the Canadian Environmental Assessment Agency concluding that “[t]he effects of the [Pacific NorthWest LNG] marine structure on fish and fish habitat have been categorized...
|Extensions to Water Conservation Regulation in California|
Jolie-Anne S. Ansley; Duane Morris LLP;
January 19, 2016, previously published on January 2016On December 21, 2015, the State Water Resources Control Board (Water Board) released a proposed regulatory framework for modifications to the now-contemplated extensions to the Emergency Regulation for Urban Water Conservation currently in effect in California.
|EPA Science Advisory Board Criticizes EPA’s Hydraulic Fracturing Study Report|
Duane Morris LLP;
January 19, 2016, previously published on December 2015On December 4, 2015, the EPA Science Advisory Board (SAB) made public its first formal comments on EPA’s June 2015 hydraulic fracturing study report (“Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources,” External Review Draft,...
|California Congressional Delegation Continues to Struggle with Drought Legislation|
Duane Morris LLP;
January 19, 2016, previously published on December 2015Despite some early light rainfall, the California drought persists. Nearly two-and-a-half months into the new water year, and even with some ski areas having small amounts of snow to make rock skiing fun, California’s water security remains in dire condition.
|Clean Power Plan—Motions for Stay|
Duane Morris LLP;
January 19, 2016, previously published on December 2015As widely reported, in late October more than two dozen states, along with numerous private plaintiffs, brought challenges to EPA’s controversial Clean Power Plan (CPP) final rule that was issued under the stated authority of Section 111 of the Clean Air Act. Perhaps encouraged by the Sixth...