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|Third District Court of Appeal Upholds Level Of Detail In Programmatic EIR for Rail Corridor|
William W. Abbott; Abbott & Kindermann, LLP;
September 15, 2014, previously published on September 3, 2014Programmatic EIRs invariably invoke the uneasy question, of “how much information is enough?” This question is reminiscent of the challenge to the United States Supreme Court in defining obscenity and Justice Potter Stewart’s concurring opinion when he acknowledged the difficulty...
|Gulf LNG Submits Monthly Progress Report to FERC|
Sutherland Asbill Brennan LLP;
September 11, 2014, previously published on September 3, 2014Gulf LNG Liquefaction Company and its affiliates submitted a report to FERC describing pre-filing environmental review activities undertaken during August for its proposed LNG export terminal at Pascagoula, Miss. According to the report, among other things, biological/wetlands and cultural surveys...
|Basin Preparing to Submit Information for Carbon Capture Test Center|
Sutherland Asbill Brennan LLP;
September 11, 2014, previously published on September 3, 2014Basin Electric Power Cooperative (Basin) and Black Hills Power have set a September date for submitting site-specific information on certain of their respective power plants in the hopes of one of them attracting a test center for carbon capture and sequestration technology. The test center is part...
|California’s Global Warming Solutions Act Cap-and-Trade Program|
Rabia P. Chaudhry, Sean S. Varner; Varner & Brandt LLP;
September 10, 2014, previously published on August 29, 2014In September 2006, California enacted the Global Warming Solutions Act (“AB 32”), which aims to reduce California’s greenhouse gas (“GHG”) emissions to 1990 levels by the year 2020. These levels are measured in metric tons of carbon dioxide equivalent (“mt...
|Halliburton Deepwater Settlement: Halliburton and Plaintiffs' Steering Committee Reach Settlement|
September 5, 2014, previously published on September 2, 2014Settlement includes alleged punitive damage claims and assigned claims for commercial fishermen and property owners directly affected by oil
|Legislature Adopts Historic Sustainable Groundwater Management Act|
Sarah Christopher Foley, Paeter E. Garcia, Eric L. Garner; Best Best & Krieger LLP;
September 2, 2014, previously published on August 29, 2014On Friday night, the California Legislature adopted a lawmaking package, including Senate Bills 1168 and 1319 and Assembly Bill 1739, and the bills are now awaiting Gov. Jerry Brown’s signature. Once signed, the bills would establish the Sustainable Groundwater Management Act and...
|An Update of Flow Control Jurisprudence since United Haulers|
Tommy Lavender; Nexsen Pruet, LLC;
September 2, 2014, previously published on August 29, 2014Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding. Plaintiffs in the cases since United Haulers have asserted a multitude of arguments in an...
|The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection Approval|
Geewon Cha, Barbara Hopkinson Kelly; Wilson Elser Moskowitz Edelman & Dicker LLP;
September 1, 2014, previously published on August 26, 2014The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of Environmental Protection (DEP) in determining the remediation...
|Draft ISO 14001:2015 Standard Available for Public Comment|
Karen Lutz; Foley Lardner LLP;
September 1, 2014, previously published on August 18, 2014The revision of the ISO 14001 standard is now open for public comment, with the final standard publication expected in 2015, affecting over 280,000 certified organizations worldwide. Once final, the standard is expected to be in place until 2025.
|EPA's CO2 Rule and 18 States' Resolutions and Legislation|
Raymond L. Gifford, Matthew S. Larson, Gregory E. Sopkin; Wilkinson Barker Knauer, LLP;
August 29, 2014, previously published on August 201418 state legislatures passed either legislation or resolutions that EPA has rejected in its CO2 Emission Guidelines. The states demanded that the EPA respect state primacy in setting performance standards under Section 111(d) and/or allow the state maximum flexibility to implement carbon standards,...