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Documents on environmental law
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|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,...
|The Third DCA Turns Off The Lights and Directs A More Thorough Energy Analysis Be Prepared For Regional Shopping Center Project|
Katherine J. Hart; Abbott & Kindermann, LLP;
August 28, 2014, previously published on August 13, 2014In California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173, the Court of Appeal, Third District, held the City of Woodland’s (City) programmatic environmental impact report (EIR) was invalid on the following three grounds: (1) it failed to provide sufficient...
|Green Building Code Changes in Baltimore City Could Impact Building Modifications|
Margaret M. Witherup; Gordon Feinblatt LLC;
August 27, 2014, previously published on August 2014A bill now under consideration by the Baltimore City Council could make it more difficult to make modifications of many existing non-residential and multifamily buildings and to obtain exceptions based on cost, feasibility, or historic nature of the building.
|MDE Accepting Rental Property Registration Applications|
Gordon Feinblatt LLC;
August 27, 2014, previously published on August 2014As of January 1, 2015, owners of rental properties built before 1978 are required to register them with the Maryland Department of the Environment (MDE). Before that date, owners of rental properties built before 1950 were required to register them with the MDE and to comply with a lead paint risk...
|Brazilian Superior Court of Justice Recognizes Environmental Product Liability|
Luiz Gustavo Bezerra, Gedham Medeiros Gomes, Gabriela Mello; Mayer Brown LLP;
August 27, 2014, previously published on August 22, 2014The Brazilian Superior Court of Justice (STJ) has published a decision recognizing, for the first time, the environmental product liability of manufacturers of potentially polluting products.
|The Wait is Over: A Party Can Now File a Contribution Claim Prior to the Completion of a Cleanup|
Deborah A. Kelly, Heidi S. Minuskin, Michelle D. Murphy; Coughlin Duffy LLP;
August 27, 2014, previously published on August 6, 2014One of the most valuable tools in a responsible party’s arsenal, a contribution claim, can now be used to take immediate action against other potentially responsible parties for damages at contaminated sites in New Jersey. This important tool ensures that parties do not pay more than their...