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|CEAA Seeks Comment on Whether Grassy Point LNG Project Requires a Federal Environmental Assessment|
Sutherland Asbill Brennan LLP;
November 2, 2014, previously published on October 14, 2014The Canadian Environmental Assessment Agency (CEAA) is seeking public comment on whether a federal environmental assessment is required for Woodside Energy Holdings Pty Ltd.’s proposed Grassy Point LNG export terminal project in British Columbia. Comments must be submitted by November 3, 2014.
|Maryland Court Reconsiders a Company’s Duty to Warn of Asbestos-containing Replacement Parts It Did Not Manufacture or Otherwise Introduce into the Stream of Commerce|
Helyna M. Haussler, Carolyn F. O'Connor; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 1, 2014, previously published on October 22, 2014Maryland’s Court of Special Appeals recently reconsidered the duty to warn of asbestos-containing replacement parts that the defendants did not manufacture or place in the stream of commerce in Philip Royce May v. Air & Liquid Systems Corp., et al, No. 2670 (Md. App. Oct. 3, 2014). The...
|Fifth Circuit Rules that an Army Corps Judicial Determination is Not a Final Agency Action Reviewable Under the Administrative Procedures Act|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
November 1, 2014, previously published on October 8, 2014On July 30, 2014, in Belle Company, LLC v. U.S. Army Corps of Engineers (No. 13-30262), the Fifth Circuit ruled that a jurisdictional determination by the United States Army Corps of Engineers (“the Corps”), stating that property contains wetlands and is subject to regulation under the...
|EPA’s Data Dilemma|
Steven L. Hoch; Morris Polich & Purdy LLP;
November 1, 2014, previously published on October 8, 2014Recently, the Government Accountability Office (GAO) reported that the EPA was relying on data that is more than two decades old to analyze economic impacts of its regulations. The GAO said it “estimated effects of its regulations on employment, in part, using a study that...was based on data...
|Fifth Circuit Aligns With Third and Ninth Circuits Holding That EPA Notices of Violation Are Not “Final Action”|
Christopher G. Foster; Morris Polich & Purdy LLP;
November 1, 2014, previously published on October 8, 2014In a recently issued decision, the Fifth Circuit Court of Appeals held that the recipient of a Notice of Violation (“NOV”) could not challenge the NOV in the circuit court. Luminant Generation Company, LLC v. U.S. Environmental Protection Agency (Nos. 12-60694, 13-60538). This brings...
|Supreme Court Denies Certiorari to Bell v. Cheswick Generating Station, Allowing for State Law Air Pollution Tort Claims to Co-Exist with the Clean Air Act|
Hubert T. Lee; Morris Polich & Purdy LLP;
October 31, 2014, previously published on October 8, 2014On June 2, 2014, the Supreme Court denied certiorari for a petition filed by Cheswick Generating Station (Cheswick), a coal-fired power plant in West Pennsylvania. GenOn Power Midwest, L.P. v. Bell, 134 S. Ct. 2696 (2014). Cheswick had petitioned the Supreme Court to hear its arguments after the...
|Ninth Circuit Issues a Head-Shaker in a Clean Air Act Permitting Case Supporting EPA’s Failures|
Summer L. Nastich; Morris Polich & Purdy LLP;
October 31, 2014, previously published on October 8, 2014In an opinion likely to strike terror in the hearts of would be permit-seekers, the Ninth Circuit held in Sierra Club v. EPA, --- F.3d --- (9th Cir. 2014) (2014 WL 3906509) that the EPA cannot grandfather a permit to build a power plant, even though grandfathering was necessary only because of the...
|California Enacts Comprehensive Groundwater Management Legislation|
Jolie-Anne S. Ansley, Thomas M. Berliner, Colin L. Pearce; Duane Morris LLP;
October 28, 2014, previously published on October 15, 2014On September 16, 2014, California Governor Jerry Brown signed into law a historic package of three bills—Senate Bill 1168, Senate Bill 1319 and Assembly Bill 1739—instituting comprehensive groundwater management in California. The legislation represents perhaps the most significant...
|Environmental Appeal Board Punishes Appellant for Bad Behaviour|
Nicholas Hughes; McCarthy Tétrault LLP;
October 28, 2014, previously published on October 21, 2014On September 15, 2014, the British Columbia Environmental Appeal Board (Board), in a rare exercise of its powers, awarded costs against an appellant in Seaspan ULC v. Director, Environmental Management Act, Decision Nos. 2010-EMA-005(c) and 2010-EMA-006(c). In a comprehensive 43-page decision, the...
|An Appeal To The City Council Fails To Wash Away All CEQA Sins. Consideration Of Historical Resources In A Negative Declaration Falls Under The Substantial Evidence Test, Not The Fair Argument Test|
William W. Abbott; Abbott & Kindermann, LLP;
October 23, 2014, previously published on September 23, 2014The courts have been clear: the decisionmaking body has to consider the CEQA document before taking action to granting a discretionary approval. A recent court decision examines a variation on that practice when the approving body approved the CEQA document, but lacked the authority under the local...