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Documents on Environmental Law, Energy
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|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...
|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...
|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...
|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...
|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...
|Environmental Regulation and Investor State Dispute Settlement Clauses - OceanaGold and El Salvador|
Jillian C. Bunyan; Greenberg Traurig, LLP;
January 16, 2015, previously published on November 17, 2014Investor 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...
|EPA Proposes More Stringent Ozone NAAQS of 65-70 ppb|
Marie Durrant, Emily Schilling; Holland Hart LLP;
January 16, 2015, previously published on November 26, 2014Today EPA released a proposed primary National Ambient Air Quality Standard (NAAQS) for Ozone of 65-70 parts per billion (ppb) (annual fourth highest daily maximum eight-hour concentration, averaged over three (3) years). The proposed NAAQS is more stringent than the previous ozone NAAQS of 75 ppb....
|Maryland Proposes Contamination Reporting Rules Triggered by Concentration (not Quantity): Routine Transactional Due Diligence Could Pose a Problem|
David G. Mandelbaum; Greenberg Traurig, LLP;
January 16, 2015, previously published on November 17, 2014On 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...
|BOEM Increases OPA Liability Limit To $133.65 Million|
Sutherland Asbill Brennan LLP;
January 15, 2015, previously published on December 12, 2014The Bureau of Ocean Energy Management issued a final rule yesterday that increases the limit of liability for damages caused by any Responsible Party for an offshore facility from which oil is discharged, or which poses a substantial threat of an oil discharge, as described in the Oil Pollution Act...
|Petition Challenges Short-Term Water Approvals in B.C.|
Wally Braul, Laura M. Gill, Alison J. Gray, Michael P. Theroux; Bennett Jones LLP;
January 13, 2015, previously published on January 16, 2014On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic fracturing and other oil and gas operations, and seeks to quash certain...