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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.”
|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...
|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...
|Pennsylvania Environmental Rights Amendment: Back to Payne v. Kassab?|
David G. Mandelbaum; Greenberg Traurig, LLP;
February 17, 2015, previously published on January 7, 2015We have a new opinion today under the Environmental Rights Amendment to the Pennsylvania Constitution. Pennsylvania Environmental Defense Foundation v. Commonwealth, No. 228 M.D. 2012 (Pa. Commw. Ct. Jan. 7, 2015). Maybe the state constitution mandates some sort of environmental impact study before...
|EU Leaders Agree to Cut Greenhouse Gas Emissions By 40% by 2030|
Aonghus Heatley; Greenberg Traurig Maher LLP;
February 17, 2015, previously published on December 12, 2014European Union (EU) leaders recently reached agreement to cut greenhouse gas emissions by at least 40 percent by 2030 as compared with 1990 levels. The leaders also agreed a binding, at the EU level, target to obtain at least 27 percent of the EU’s energy from renewable sources by 2030 and a...
|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...