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|New Aggregation Rule Provides Clarity for Oil and Gas Industry|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
August 5, 2016, previously published on July 2016EPA recently finalized a rule that provides a measure of clarity and certainty for permitting sources in the onshore oil and gas industry. The new rule, published at 81 Fed. Reg. 35622 (June 3, 2016), defines and clarifies the meaning of the term “adjacent” for determining when separate...
|Brexit: Environmental Law Implications for the Chemicals Sector|
Aonghus Heatley, Cate Sharp; Greenberg Traurig Maher LLP;
August 5, 2016, previously published on July 22, 2016This note addresses the possible legal impact of Brexit on the chemicals sector. It is one of a series of GTM Alerts designed to assist businesses in identifying the legal issues to consider and address in response to the UK's referendum vote of 23 June 2016 to withdraw from the European Union.
|EmPOWER Maryland: Seeking Opportunity in Maryland's Aggressive Energy Efficiency Standard|
David W. Beugelmans, Todd R. Chason; Gordon Feinblatt LLC;
August 5, 2016, previously published on June 8, 2016The EmPOWER Maryland Energy Efficiency Act of 2008 ("EmPOWER") requires Maryland's electric utilities to achieve energy savings through a managed portfolio of energy efficiency programs administered by the utilities and overseen by the Maryland Public Service Commission (the...
|Supreme Court Allows Landowners To Challenge Wetlands Determinations|
Margaret M. Witherup; Gordon Feinblatt LLC;
August 5, 2016, previously published on June 10, 2016The U.S. Supreme Court gave private property owners a victory last week in holding that a landowner can challenge an Army Corps of Engineers determination that its peat mining operation contained a wetland protected by the Clean Water Act. In the case of U.S. Army Corps of Engineers v. Hawkes Co.,...
|EPA's New RMP Modernization Rule May Result in Legal Challenges|
Juan J. Miranda; Taylor, Porter, Brooks & Phillips, L.L.P.;
August 4, 2016, previously published on July 27, 2016In the coming weeks, the U.S. Environmental Protection Agency (EPA) will release its Risk Management Plan (RMP) Modernization Rule, which applies to all stationary sources with processes that contain more than a threshold quantity of a regulated substance. The proposed rule stems from President...
|EPA Completes Cost-Benefit Analysis Required by U.S. Supreme Court|
Seth V.D.H. Cooley; Duane Morris LLP;
August 2, 2016, previously published on April 2016In a 5-4 decision in 2015 (Michigan v. EPA), the U.S. Supreme Court found that EPA should have considered costs when deciding to implement EPA’s Mercury and Air Toxics Standard for power plants (MATS) (Justice Scalia writing for the majority). On April 14, 2016, EPA posted online its...
|FERC Declines to Resolve PURPA Dispute|
Frederick J. Heinle; Duane Morris LLP;
July 30, 2016, previously published on January 2016On January 8, 2016, FERC declined to initiate an enforcement action under the Public Utility Regulatory Policies Act of 1978 (PURPA) in a matter involving a solar developer’s access to Connecticut’s renewable energy procurement program. Allco Renewable Energy Limited (Allco) argued that...
|Pennsylvania Announces Planned New Methane Rules|
Seth V.D.H. Cooley; Duane Morris LLP;
July 30, 2016, previously published on January 2016On January 19, 2016, Pennsylvania Governor Tom Wolf announced a “nation-leading strategy” to reduce emissions of methane associated with natural gas production, processing and transmission. Citing the fact that Pennsylvania is the second-largest producer of natural gas in the nation...
|Implementation of Modernized TSCA Begins|
Thomas C. Berger, Herbert Estreicher, Martha E. Marrapese, David G. Sarvadi, Adrienne M. Timmel; Keller and Heckman LLP;
July 29, 2016, previously published on July 7, 2016On June 22, 2016, "The Frank R. Lautenberg - Chemical Safety for the 21st Century Act," H.R. 2576, was signed by President Barack Obama. Effective the same day, the amended Toxic Substances Control Act (TSCA) includes a new safety standard, extensive changes to existing chemicals...
|Party Not Entitled to Counsel Fees for Either Negotiations or Litigation Involving Access Agreement for Remediation on Residential Property|
Kevin T. Bright, Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on July 14, 2016In State Farm Fire and Casualty Insurance Company v. Florkiewicz, 2008 N.J. Super. Unpub. LEXIS 572 (App. Div. 2008), State Farm Fire and Casualty Insurance Co. appealed from a judgment which granted Marion Florkiewicz’s application for counsel fees incident to the negotiation of an access...