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HTMLNo Mora Moratorium on Drilling
Stuart R. Butzier; Modrall Sperling;
Legal Alert/Article
April 21, 2015, previously published on April 16, 2015
United States District Court Judge James Browning issued a lengthy opinion on January 19, 2015 invalidating Mora County's "Community Rights and Local Self-Government Ordinance", enacted by the County in 2013, that prohibited oil and gas development by corporations in the county. See...

 

Adobe PDFCEQA Amendments Facilitating Stadium Project Approved
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
In 2011, the California Legislature amended the California Environmental Quality Act (“CEQA”)—the law mandating identification, disclosure and mitigation of potential environmental impacts related to projects requiring public approval—to facilitate the construction of a...

 

Adobe PDFCourt of Appeal Finds Provision of California’s Superfund Statute Unconstitutional
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
In Marilyn Van Horn v. Department of Toxic Substances Control, 231 Cal.App.4th 1287 (2014), the Court of Appeal held that the procedure for placing a lien on real property under California’s Superfund statute, the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety...

 

HTMLW.Va. Senate Bill 423 Amends Aboveground Storage Tank Act
Mark D. Clark, M. Katherine Crockett, David L. Yaussy; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 21, 2015, previously published on March 27, 2015
Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the “AST Act” or “Act”), W. Va. Code §§ 22-30-1 et seq., representatives of the industries most impacted by the expansive and detailed AST Act had been working to educate the public,...

 

Adobe PDFSafer Choice Label
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on March 23, 2015
You may not be aware of this—it is doubtful that many are—but the EPA is introducing what they call the “Safer Choice Label.” According to the EPA, the Safer Choice Label “...helps consumers, businesses, and purchasers find products that perform well and are safer for...

 

Adobe PDFNo Attorney’s Fees for Plaintiffs under CERCLA and Other Claims
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
On October 2, 2014, a federal court in the Northern District of California dismissed and / or struck claims pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) for natural resources and property damages and attorney’s fees brought by a...

 

Adobe PDFTouch a Hazardous Substance, Worry About CERCLA Liability
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
The defendant in Roberts v. Heating Specialist Inc., WL 3845877 Heating Specialist, Inc.’s (Heating) business is installing and repairing boilers. Contracted to do a job at a vacant, private residence, Heating let itself in using a key in a lockbox. Once inside, Heating removed the existing...

 

Adobe PDFIs Your Landfill or Other Wasting Asset Fairly Assessed?
Ronald S. Cusano; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 20, 2015, previously published on March 2015
Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the end of that life. In fact, a landfill is more of a liability...

 

HTMLMassachusetts Governor Orders Comprehensive Review of State Regulations
Jack S. Gearan, H. Hamilton Hackney; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 15, 2015
On March 31, 2015, the Governor of Massachusetts signed an executive order initiating a comprehensive review of all regulations promulgated by the Executive Department and leaving in place the regulatory pause announced by the Administration earlier in the year. While short in length, this...

 

HTMLMexico Moves Forward in the Implementation of Clean Energy Certificates
José Estandía, Mauricio E. Llamas C., William P.M. Schwind, Teresa Souza, Alberto de la Parra Z.; Jones Day;
Legal Alert/Article
April 17, 2015, previously published on April 2015
As part of the framework of Mexico's Energy Reform and National Climate Change Strategy to reduce greenhouse gases, on March 31, 2015, the Ministry of Energy ("SENER") published in the Official Federal Gazette the requirements to acquire clean energy certificates, which will go into...

 


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