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HTMLClean Power Plan—Motions for Stay
Duane Morris LLP;
Legal Alert/Article
January 19, 2016, previously published on December 2015
As widely reported, in late October more than two dozen states, along with numerous private plaintiffs, brought challenges to EPA’s controversial Clean Power Plan (CPP) final rule that was issued under the stated authority of Section 111 of the Clean Air Act. Perhaps encouraged by the Sixth...

 

HTMLMarket Forces and States as Laboratories—Not Always Desired by Business
Duane Morris LLP;
Legal Alert/Article
January 19, 2016, previously published on December 2015
In the wake of the December 17, 2015, passage of a Toxic Substances Control Act (TSCA) reform bill by the U.S. Senate, which followed the lead of the U.S. House of Representatives, one may ask: What is going on? The current Congress is supporting new federal environmental regulation?

 

HTMLEPA Science Advisory Board Criticizes EPA’s Hydraulic Fracturing Study Report
Duane Morris LLP;
Legal Alert/Article
January 19, 2016, previously published on December 2015
On December 4, 2015, the EPA Science Advisory Board (SAB) made public its first formal comments on EPA’s June 2015 hydraulic fracturing study report (“Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources,” External Review Draft,...

 

HTMLEPA Launches Online eDisclosure Portal
Casey F. Bradford, Jennifer M. Hayes, Anna Claire Skinner, Charles T. Wehland; Jones Day;
Legal Alert/Article
January 12, 2016, previously published on January 2016
On December 9, 2015, the U.S. Environmental Protection Agency ("EPA") unveiled[1] a new, web-based "eDisclosure" system that allows regulated entities to submit self-disclosures regarding violations uncovered in circumstances meeting the requirements of the Audit Policy[2] and...

 

HTMLFERC Releases Schedule for Cameron LNG Expansion Environmental Review
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 12, 2016, previously published on January 11, 2016
FERC issued a notice of its intent to release its environmental assessment for the Cameron LNG export terminal expansion project (Project) on February 12, 2016. Other federal agencies having jurisdiction over the Project would have until May 12, 2016 to complete their review. The proposed Project,...

 

HTMLParis Agreement Sets the Stage for Global Greenhouse Gas Emission Reductions
Mary Beth Deemer, Alina Fortson, Jennifer M. Hayes, Anna Claire Skinner, Charles T. Wehland; Jones Day;
Legal Alert/Article
January 11, 2016, previously published on December 2015
On December 12, 2015, 195 countries adopted the first global agreement addressing climate change. The Paris Agreement was adopted following two weeks of negotiations during the 21st Conference of the Parties ("COP21") to the United Nations Framework Convention on Climate Change...

 

HTMLSenate Approves TSCA Reform
Eric P. Gotting, Martha E. Marrapese, Cressinda D. Schlag; Keller and Heckman LLP;
Legal Alert/Article
January 8, 2016, previously published on December 18, 2015
After a difficult progression, the bipartisan TSCA reform bill, the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), was passed by the Senate on Thursday, December 17, 2015. H.R. 2576 as amended by the Senate in its entirety with provisions from S. 697 provides...

 

HTMLAsbestos Cleanup in Libby, Montana Draws to End
Waters Kraus LLP;
Legal Alert/Article
January 5, 2016, previously published on December 4, 2015
The town of Libby, Montana is probably best known for the unusually high number of its residents suffering from mesothelioma — a terminal cancer whose only known cause is asbestos exposure. According to health workers, asbestos disease has claimed the lives of 400 people in Libby and has...

 

HTMLCivil Right to Compensation for Spills under Section 99(2) of EPA Clarified
Aimee Collier, Gabrielle K. Kramer; Borden Ladner Gervais LLP;
Legal Alert/Article
January 5, 2016, previously published on December 21, 2015
On November 27, 2015 the Ontario Court of Appeal ("ONCA") released its decision in Midwest Properties Ltd. v. John Thordarson and Thorco Contracting Limited, providing the first appellate consideration of the private right of action to compensation for spills contained in s. 99(2) of the...

 

HTMLBenzene Cleanup Underway in Lake Erie
Waters Kraus LLP;
Legal Alert/Article
January 5, 2016, previously published on December 14, 2015
The U.S. Coast Guard has begun salvage operations to offload 4,700 barrels of benzene and other toxic chemicals from a sunken barge that went down in Lake Erie in 1937. Benzene is one of the top twenty chemicals used most often by American industry. When exposed to benzene over a long period of...

 


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