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HTMLWyoming’s Sulfur Dioxide Plan Upheld by the Tenth Circuit
Holland Hart LLP;
Legal Alert/Article
January 16, 2015, previously published on December 2, 2014
The U.S. Court of Appeals for the Tenth Circuit upheld Wyoming’s plan for controlling emissions of sulfur dioxide (SO2) under the Clean Air Act’s regional haze program. New Mexico, Utah, and Wyoming adopted a regional cap-and-trade program regulating sulfur-dioxide emissions over the...

 

HTMLEPA Office of Pesticide Programs - Removal of Certain Inert Ingredients from Approved Chemical Substance List - Extension of Comment Period
John B. Dubeck, Kristen J. Hendricks, Michael T. Novak, David G. Sarvadi; Keller and Heckman LLP;
Legal Alert/Article
January 16, 2015, previously published on December 11, 2014
On October 22, 2014, EPA’s Office of Pesticide Programs (OPP) issued a Federal Register (FR) Notice concerning the removal of certain chemical substances from the current listing of inert ingredients approved for use in pesticide products. OPP initiated this effort, in part, because they...

 

HTMLWDEQ Updates Upper Green River Basin Ozone Strategy
Holland Hart LLP;
Legal Alert/Article
January 16, 2015, previously published on December 2, 2014
The Wyoming Department of Environmental Quality (DEQ) released an update to the Ozone Strategy for the Upper Green River Basin at the end of October. The update largely focuses on winter ozone season work.

 

HTMLBLM Healthy Forest Initiative Succeeding
Holland Hart LLP;
Legal Alert/Article
January 16, 2015, previously published on December 2, 2014
The Bureau of Land Management and Wyoming State Forestry Division have joined together in an initiative to create more healthy forests in Wyoming. The Wyoming Legislature funded a contract position to work together with the BLM to assist with timber sales in Carbon, Albany and Sweetwater counties....

 

HTMLMaryland Proposes Contamination Reporting Rules Triggered by Concentration (not Quantity): Routine Transactional Due Diligence Could Pose a Problem
David G. Mandelbaum; Greenberg Traurig, LLP;
Legal Alert/Article
January 16, 2015, previously published on November 17, 2014
On October 31, the Maryland Department of the Environment ("MDE") published a proposed regulation calling for reporting of hazardous substances found in the environment - that is, site contamination. A routine investigation of real estate could trigger this obligation because the...

 

HTMLProposed Critical Habitat Rules Meet with Mixed Reviews
Holland Hart LLP;
Legal Alert/Article
January 16, 2015, previously published on December 2, 2014
In May, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (the “Services”) proposed new rules governing the designation of critical habitat, a new policy on critical habitat exclusions, and a new regulatory definition of “destruction or adverse...

 

HTMLEnvironmental Regulation and Investor State Dispute Settlement Clauses - OceanaGold and El Salvador
Jillian C. Bunyan; Greenberg Traurig, LLP;
Legal Alert/Article
January 16, 2015, previously published on November 17, 2014
Investor state dispute settlement ("ISDS") clauses in bilateral and regional investment treaties enable foreign corporations to sue a host country regarding regulations, policies, or court decisions. ISDS clauses were originally included in trade agreements and investment treaties in...

 

HTMLFERC Pushes Back Environmental Review of the Aguirre Offshore GasPort Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 15, 2015, previously published on December 15, 2014
FERC released a notice extending the date for the issuance of a final environmental impact statement (FEIS) for the proposed Aguirre Offshore GasPort Project to be located offshore Puerto Rico. The FEIS will now be released on February 20, 2015, and other federal agencies will have until May 21,...

 

HTMLDesignated Corporate Witness Must Testify About “Information Known Or Reasonably Available” To Entity
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 15, 2015, previously published on December 11, 2014
In response to a Rule 30(b)(6) notice of deposition, a company “must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify... The persons...

 

HTMLInsurer Has To Defend Claims Involving Alleged Defective CNG Fuel Filtration Equipment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 15, 2015, previously published on December 12, 2014
Company A, a gas company, purchases compressed natural gas (“CNG”) fuel filtration equipment from Company B in August 2011. According to Company A, the equipment failed to conform to its specifications and failed to remove the appropriate amount of oil from the CNG fuel. Subsequently,...

 


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