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|New Energy & Environmental Ministry Mandates|
Marco M. Baldasaro; McLennan Ross LLP;
January 30, 2015, previously published on September 22, 2014On September 15, 2014 the Office of the Premier sent mandate letters to each of the Premier's new ministers. In addition to highlighting the provincial government's general priorities, each letter addresses specific focus points for each ministry. The Premier has indicated in a release that the...
|New Jersey Supreme Court Rules Spill Act Contribution Claims Not Subject to Statute of Limitations|
Daniel Flynn, Daniel L. Schmutter; Greenbaum, Rowe, Smith & Davis LLP;
January 30, 2015, previously published on January 2015In a much anticipated decision announced on January 26, 2015, the New Jersey Supreme Court held that the six-year statute of limitations that applies generally to property damage tort claims does not apply to claims for contribution under the New Jersey Spill Compensation and Control Act...
|EPA Issues New Proposed Ozone NAAQS of 65-70 ppb|
Marie B. Durrant, Emily C. Schilling; Holland & Hart LLP;
January 28, 2015, previously published on December 3, 2014On November 26, 2014, EPA proposed a new primary National Ambient Air Quality Standard (NAAQS) for Ozone of 65-70 parts per billion (ppb), a more stringent standard than the current 2008 Ozone NAAQS of 75 ppb. If EPA reduces the standard to 65 ppb, 53 of the 63 counties with qualified monitors in...
|Regulatory Documents Can Be Contracts: The Wetlands Mitigation Bank Example|
Jerry Stouck; Greenberg Traurig, LLP;
January 23, 2015, previously published on November 26, 2014 For the second time in a year, a wetlands mitigation bank “instrument” executed between a landowner and a federal agency has been held by a court to be a binding contract that could be enforced against the agency when it tried to alter the terms of the instrument to the detriment of the...
|State Water Resources Control Board Issues Notice Of Plan To Temporarily Lift Curtailments During Future Rainfall Events|
Glen C. Hansen; Abbott & Kindermann, LLP;
January 22, 2015, previously published on October 28, 2014On May 27, 2014, the State Water Resources Control Board (“Board”) issued curtailment notices to all post-1914 appropriative water right holders in the Sacramento-San Joaquin, Russian, and Eel River watersheds. On October 3, 2014, the Executive Director of the Board issued a letter to...
|B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss|
Laura M. Gill, Shawn M. Munro, Daron K. Naffin, Michael P. Theroux; Bennett Jones LLP;
January 20, 2015, previously published on September 24, 2014In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. In doing so, the Board adopted the principles for landowner compensation...
|B.C. Supreme Court Upholds Recurring Short-Term Water Use Approvals|
Wally Braul, Laura M. Gill, Michael P. Theroux; Bennett Jones LLP;
January 20, 2015, previously published on October 15, 2014The B.C. Supreme Court has recently clarified the interpretation of section 8 of the B.C. Water Act. Section 8 relates to the power of the B.C. Oil and Gas Commission (OGC) to grant approvals to oil and gas companies for the short-term use of surface water bodies such as lakes, rivers, streams, and...
|BC Supreme Court Stresses “Polluter Pays” in Awarding Damages for Remediation of Contaminated Site|
David W. Bursey, Laura M. Gill, Michael P. Theroux; Bennett Jones LLP;
January 20, 2015, previously published on October 3, 2014The BC Supreme Court recently clarified several principles under the Environmental Management Act relating to liability for remediation costs for contaminated sites. In JI Properties Inc v PPG Architectural Coatings Canada Inc, 2014 BCSC 1619, the Court ordered a former landowner, who was also the...
|Are You Done Yet? Compensation for Impacts of Public Works in Alberta|
Gregory A. Liakopoulos, Daron K. Naffin, Cassia J. Prentice; Bennett Jones LLP;
January 20, 2015, previously published on August 26, 2014During the recent resurfacing of Bow Trail there was a message posted on a pylon sign by an adjacent business owner that read “Bow Trail is not Rome. Please Complete” (see “Road Construction Delays Cause Headaches for Drivers, Businesses” on Global News). The business owners...
|Supreme Court Decision on Aboriginal Title Raises Questions for Resource Development|
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
January 19, 2015, previously published on June 26, 2014On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant issues affecting Aboriginal title and provincial jurisdiction over...