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HTMLNeed for Coal Ash Regulation
Waters Kraus LLP;
Legal Alert/Article
January 5, 2016, previously published on December 7, 2015
Coal ash — the byproduct of coal-fueled power plants — contains several toxins known to cause birth defects and cancer. These toxins include heavy metals such as lead and hexavalent chromium. And yet, coal ash impoundments are subject to little or no regulation.

 

HTMLCanada Signs Global Climate Change Agreement
Hugo M. Alves, Michael R. Barrett, Jesslyn G. Maurier, Thomas W. McInerney, Duncan M. McPherson; Bennett Jones LLP;
Legal Alert/Article
January 4, 2016, previously published on December 14, 2015
After many marathon negotiation sessions, Canada, along with 195 other countries, signed a new climate agreement this past weekend called the Paris Agreement. The Paris Agreement was adopted under the United Nations Framework Convention on Climate Change.

 

HTMLAir Permits Don't Stop Neighbors' Nuisance Claims
Casey F. Bradford, Alina Fortson, Charles T. Wehland; Jones Day;
Legal Alert/Article
December 29, 2015, previously published on December 2015
On November 2, 2015, the United States Court of Appeals for the Sixth Circuit issued opinions in two cases presenting the issue of whether the federal Clean Air Act ("CAA") preempts state common law claims against sources. In both cases, the Sixth Circuit ruled that the state law claims...

 

HTMLCourt Of Appeal Affirms Polluter Pays Principle Is Paramount
Luke Dineley; Borden Ladner Gervais LLP;
Legal Alert/Article
December 28, 2015, previously published on December 2, 2015
The major recent decision of the British Columbia Court of Appeal in J.I. Properties Inc. v PPG Architectural Coatings Canada Ltd, 2015 COURT OF APPEAL 472 (“JI Properties”) affirmed the “polluter pays” principle in the context of remediation cost recovery actions under the...

 

HTMLCOP21 Yields Landmark Climate Change Accord: What’s Next?
James E. Guy, Jay Holloway, Susan G. Lafferty, W. Henry Parkman, Liz Williamson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 28, 2015, previously published on December 23, 2015
More than a week has passed since 195 countries announced a climate change deal to hold global average temperatures to 2°C above pre-industrial levels, with an aspirational ceiling of 1.5°C. While the accord represents an unprecedented level of international cooperation on climate change,...

 

HTMLD.C. Circuit Holds that Coast Guard May Impose Nonfinancial Conditions Before Allowing Ships Accused of Violating MARPOL to Leave Port
Mark Aspinall, Daniel Johnson, John M. McCaskill, James A. Orr, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 22, 2015, previously published on December 22, 2015
On December 15, 2015, a panel of the U.S. Court of Appeals for the D.C. Circuit held that the U.S. Coast Guard could impose nonfinancial conditions, in addition to a bond, before permitting ships under suspicion of a MARPOL violation to leave U.S. ports.

 

HTMLAfter Coal, Is EPA Pivoting to Oil?
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
December 21, 2015, previously published on December 08, 2015
After tightening the noose and choking the coal industry through such stringent regulatory efforts as the Coal Combustion Residuals (CCR) Rule and the Clean Power Plan, EPA now seems to be focusing its efforts on the petroleum industry. At least two recent rulemakings, one final and one proposed,...

 

HTMLMust Playground Equipment & Surfaces Comply with CPSC Lead Limits for Children’s Products?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 21, 2015, previously published on December 2, 2015
Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber. Crumb rubber is a granule material typically made from recycled scrap tires that is used to provide a soft play...

 

HTMLOntario Climate Change Policy Developments
Michael R. Barrett; Bennett Jones LLP;
Legal Alert/Article
December 16, 2015, previously published on November 25, 2015
On November 24, 2015, the Ontario government released its long-term Climate Change Strategy (CCS) as part of the province's expanding climate change policy development process.

 

HTMLG2 LNG Requests Initiation of FERC Pre-Filing Process
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 11, 2015, previously published on December 10, 2015
G2 LNG, LLC has filed a letter requesting that FERC initiate the pre-filing environmental review process for its proposed liquefaction and export terminal facility on the west bank of the Calcasieu River, Calcasieu Parish, La. between mile markers 3 and 4. The project would have a peak production...

 


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