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|BC Greenhouse Gas Industrial Reporting and Control Act Passes Second Reading|
Wally Braul, Thomas W. McInerney, Gray E. Taylor; Bennett Jones LLP;
November 17, 2014, previously published on November 03, 2014On October 20, 2014, the Greenhouse Gas Industrial Reporting and Control Act (Bill 2) (hereinafter the Bill) was introduced, and on October 29, 2014, the Bill passed second reading in the British Columbia Legislative Assembly. The Bill, if enacted, would repeal the Greenhouse Gas Reduction (Cap and...
|FTC Warns Plastic Bag Companies about Oxodegradable Claims|
Nathan S. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
November 14, 2014, previously published on November 4, 2014Continuing its focus on environmental claims, the Federal Trade Commission (FTC) has written to 15 producers of plastic bags warning that “oxodegradable” and “oxo-biodegradable” claims may be deceptive and asking for confirmation that the claims will be withdrawn or that...
|EPA's CO2 Rules and the Cooperative and Municipal Question|
Raymond L. Gifford, Matthew S. Larson, Gregory E. Sopkin; Wilkinson Barker Knauer, LLP;
November 14, 2014, previously published on October 2014Limited or lack of jurisdiction over cooperatives and municipal utilities for activities covered by all Building Blocks presents significant implementation and enforcement hurdles. While cooperatives and municipalities that own and/or operate generation are subject to air quality regulations under...
|WVDEP Adopts Modified Aboveground Storage Tank Interpretive Rule|
Mark D. Clark, M. Katherine Crockett, David L. Yaussy; Spilman Thomas & Battle, PLLC;
November 14, 2014, previously published on October 22, 2014In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, yesterday afternoon the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia Secretary of State its finalized Interpretive...
|Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations|
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
November 14, 2014, previously published on November 6, 2014A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review. The Supreme Court previously held, in its 2012 Sackett opinion, that an...
|EPA Further Delays Hydraulic Fracturing Study as Controversy Builds|
Ronald W. Farley; Burr & Forman LLP;
November 14, 2014, previously published on Noember 3, 2014EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on comments in a letter originating from EPA’s Region...
|Preserve and Protect: Sarbanes-Oxley Meets Environmental Law|
Mark A. Thimke; Foley Lardner LLP;
November 14, 2014, previously published on November 3, 2014On November 5, 2014, the United States Supreme Court will address the scope of the Sarbanes-Oxley “anti-shredding” law. The interpretation of this somewhat mundane provision may significantly affect how environmental data and tangible objects are kept, stored and retained.
|Dealing With NIMBYs in Local Land Use and Environmental Approval|
Vivien J. Monaco; Burr & Forman LLP;
November 12, 2014, previously published on October 7, 2014A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the applicant thinks he or she is in good shape going into the public hearing...
|EPA Advocacy Can Add Value to a Manufacturer’s Bottom Line|
Sarah A. Slack; Foley & Lardner LLP;
November 12, 2014, previously published on October 29, 2014Whether you’re manufacturing widgets or rubber bands, paper products or cheese, one thing most manufacturers have in common is being subject to various regulations by the Environmental Protection Agency (EPA). Manufacturers often experience regulation as an imposition of new, stringent...
|Court Gives Deference to OGC’s Water Act Approval Policy|
Paul R. Cassidy, Selina Lee-Andersen, Monika A. Sawicka; McCarthy Tétrault LLP;
November 11, 2014, previously published on October 17, 2014On October 10, 2014, the British Columbia Supreme Court (“Court”) issued reasons in Western Canada Wilderness Committee v. British Columbia (Oil and Gas Commission), 2014 BCSC 1919. In this case, the petitioners, Western Canada Wilderness and Sierra Club of British Columbia Foundation...