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HTMLThird District Court of Appeal Upholds Level Of Detail In Programmatic EIR for Rail Corridor
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
September 15, 2014, previously published on September 3, 2014
Programmatic 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...

 

HTMLGulf LNG Submits Monthly Progress Report to FERC
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Gulf 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...

 

HTMLBasin Preparing to Submit Information for Carbon Capture Test Center
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Basin 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...

 

HTMLCalifornia’s Global Warming Solutions Act Cap-and-Trade Program
Rabia P. Chaudhry, Sean S. Varner; Varner & Brandt LLP;
Legal Alert/Article
September 10, 2014, previously published on August 29, 2014
In 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...

 

HTMLHalliburton Deepwater Settlement: Halliburton and Plaintiffs' Steering Committee Reach Settlement
Motley Rice;
Legal Alert/Article
September 5, 2014, previously published on September 2, 2014
Settlement includes alleged punitive damage claims and assigned claims for commercial fishermen and property owners directly affected by oil

 

HTMLLegislature Adopts Historic Sustainable Groundwater Management Act
Sarah Christopher Foley, Paeter E. Garcia, Eric L. Garner; Best Best & Krieger LLP;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
On 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...

 

HTMLAn Update of Flow Control Jurisprudence since United Haulers
Tommy Lavender; Nexsen Pruet, LLC;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
Since 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...

 

HTMLThe 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;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
The 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...

 

HTMLDraft ISO 14001:2015 Standard Available for Public Comment
Karen Lutz; Foley Lardner LLP;
Legal Alert/Article
September 1, 2014, previously published on August 18, 2014
The 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.

 

Adobe PDFEPA's CO2 Rule and 18 States' Resolutions and Legislation
Raymond L. Gifford, Matthew S. Larson, Gregory E. Sopkin; Wilkinson Barker Knauer, LLP;
Legal Alert/Article
August 29, 2014, previously published on August 2014
18 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,...

 


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