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Documents on environmental law
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|No Mora Moratorium on Drilling|
Stuart R. Butzier; Modrall Sperling;
April 21, 2015, previously published on April 16, 2015United 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...
|CEQA Amendments Facilitating Stadium Project Approved|
Christopher G. Foster; Morris Polich & Purdy LLP;
April 21, 2015, previously published on February 10, 2015In 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...
|Court of Appeal Finds Provision of California’s Superfund Statute Unconstitutional|
Ryan C. McKim; Morris Polich & Purdy LLP;
April 21, 2015, previously published on February 10, 2015In 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...
|W.Va. Senate Bill 423 Amends Aboveground Storage Tank Act|
Mark D. Clark, M. Katherine Crockett, David L. Yaussy; Spilman Thomas & Battle, PLLC;
April 21, 2015, previously published on March 27, 2015Even 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,...
|Safer Choice Label|
Steven L. Hoch; Morris Polich & Purdy LLP;
April 21, 2015, previously published on March 23, 2015You 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...
|No Attorney’s Fees for Plaintiffs under CERCLA and Other Claims|
Hubert T. Lee; Morris Polich & Purdy LLP;
April 21, 2015, previously published on February 10, 2015On 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...
|Touch a Hazardous Substance, Worry About CERCLA Liability|
Summer L. Nastich; Morris Polich & Purdy LLP;
April 21, 2015, previously published on February 10, 2015The 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...
|Is Your Landfill or Other Wasting Asset Fairly Assessed?|
Ronald S. Cusano; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on March 2015Some 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...
|Massachusetts Governor Orders Comprehensive Review of State Regulations|
Jack S. Gearan, H. Hamilton Hackney; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 15, 2015On 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...
|Mexico 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;
April 17, 2015, previously published on April 2015As 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...