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Documents on Environmental Law, Chemicals
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|Declaratory Relief Not Available to Confirm the Validity of Permits Issued by Environmental Regulators|
Ryan C. McKim; Morris Polich & Purdy LLP;
March 18, 2015, previously published on January 8, 2015In Shell Gulf of Mexico Inc. v. Center for Biological Diversity, Inc., 771 F.3d. 632 (9th Cir. 2014), 2014 WL5839951, the Ninth Circuit struck a blow to companies hoping to prevent environmental groups from interfering with permits related to the environment.
|Defining the Scope of Operator Liability Post-Bestfoods|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
March 18, 2015, previously published on January 8, 2015In California Dept. of Toxic Substances Control (DTSC) v. Jim Dobbas, Inc., et al., a district court in the Eastern District of California denied DTSC’s motion to dismiss cost recovery and contribution counterclaims against it brought under the Comprehensive Environmental Response,...
|Internal Documents Reveal Concealment of Benzene Dangers|
James P. Nevin; Brayton Purcell, LLP;
February 27, 2015, previously published on December 23, 2014For over sixty years, the companies within the chemical and oil industries--and the lawyers that represent them--have been arguing the safety levels of benzene and other toxic substances in and out of the courtroom. Their arguments, supported by self-funded scientific research, downplay hazards...
|Corps Issues New Compensatory Mitigation Guidelines for California|
Alexander L. Merritt; Sheppard, Mullin, Richter & Hampton LLP;
February 26, 2015, previously published on January 21, 2015The U.S. Army Corps of Engineers, South Pacific Division, has issued its “Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines.”
|Winter Storms Raise a Blizzard of Questions for Employers|
Salvador P. Simao; Ford Harrison LLP;
February 18, 2015, previously published on January 27, 2015Executive Summary: Almost a year ago, a series of winter storms blasted the country, costing billions in damages and business disruption. Yesterday, businesses and residents in the country's Northeast Corridor again braced for what some predicted would be a blizzard of "historic...
|The Algae Bloom Incident|
Sara Donnersbach; Weltman, Weinberg & Reis Co., L.P.A.;
February 18, 2015, previously published on December 11, 2014 Over 70% of our Earth's surface is covered by water. Although seemingly abundant, the real issue is the amount of fresh water available.
|Environmentalists Seek to Stop Fracking Before it can Start|
David M. Bays; HeplerBroom LLC;
February 18, 2015, previously published on November 14, 2014A year after the Illinois Department of Natural Resources proposed the first draft of the administrative rules regulating high-volume hydraulic fracking, the Joint Committee on Administrative Rules approved the final rules on November 6, 2014, which are to be published in the Illinois Register by...
|New York Governor Vetoes Extension of Brownfields Credits - What Next?|
Steven C. Russo; Greenberg Traurig, LLP;
February 17, 2015, previously published on January 5, 2015Last week, New York Governor Andrew Cuomo vetoed a bill that would have extended the current Brownfield tax credit program for fifteen months beyond its expiration at the end of this year. The Governor apparently wishes to use the possibility that the tax credits will expire as an impetus for...
|The Debate Over Florida’s First Commercial Waste-to-Energy Incinerator in 2 Decades|
Kerri L. Barsh; Greenberg Traurig, LLP;
February 17, 2015, previously published on January 28, 2015Palm Beach County will soon commence operations of the nation’s first commercial waste-to-energy trash incinerator in 20 years. The $670 million incinerator, located immediately north of the Solid Waste Authority’s existing facility on Jog Road, will combust approximately 3,000 tons of...
|County of San Diego’s Adopted Climate Action Plan Violates CEQA: Fails to Include Enforceable GHG Reduction Measures|
Jeffrey W. Forrest, Jennifer L. Gunsch; Sheppard, Mullin, Richter & Hampton LLP;
February 17, 2015, previously published on December 11, 2014On October 29, 2014, the Fourth District California Court of Appeal unanimously affirmed the trial court’s decision in favor of Sierra Club, agreeing that the County of San Diego’s adopted Climate Action Plan (CAP) violated CEQA. First, the court held the County’s adopted CAP...