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HTMLKeep it Clean and Prove it: Canada Proposes New Drinking Water Regulations for Trains, Planes, Ships and Buses
Amy Pressman, Andy Radhakant; Davis LLP;
Legal Alert/Article
May 28, 2014, previously published on May 27, 2014
On May 10, 2014, the Public Health Agency of Canada published new draft regulations, the Potable Water on Board Trains, Vessels, Aircraft and Buses Regulations (the “Regulations”), to modernize the regime governing the safety and quality of drinking water on federally regulated...


HTMLEnvironment Canada Issues Hydrofluorocarbon Reporting Requirement
Dentons Canada LLP;
Legal Alert/Article
May 2, 2014, previously published on April 29, 2014
On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain...


HTMLSouth Carolina Supreme Court Dismisses Lawsuit Against Carnival Cruise Lines
Ronald E. Cardwell; Nexsen Pruet, LLC;
Legal Alert/Article
January 30, 2014, previously published on January 23, 2014
On January 22, 2014, the South Carolina Supreme Court granted Carnival Corporation d/b/a Carnival Cruise Lines’ motion to dismiss the lawsuit brought by several citizen groups in Charleston, South Carolina. The Court held the citizen groups lacked standing to assert their nuisance and zoning...


HTMLSCC Declares “When in Doubt, Report” Under the Environmental Protection Act
Elder C. Marques; McCarthy Tétrault LLP;
Legal Alert/Article
November 11, 2013, previously published on October 27, 2013
In Castonguay Blasting, the Supreme Court of Canada has unanimously upheld a broad interpretation of environmental reporting obligations under Ontario’s Environmental Protection Act. The judgment, delivered by Abella J., suggests that corporations may have environmental reporting obligations...


Adobe PDFConsiderations and New Policy Guidance Related To Extensions to the Implementation Schedule for Ballast Water Management Systems
Jeanne M. Grasso, Dana S. Merkel, Patricia M. O'Neill, Jonathan K. Waldron; Blank Rome LLP;
Legal Alert/Article
October 22, 2013, previously published on October 2013
On September 25, 2013, the U.S. Coast Guard published CG-OES Policy Letter No. 13-01 (“Policy Letter No. 13-01”) providing guidance on how to submit a request for an extension of the ballast water management (“BWM”) implementation schedule. For vessel owners and operators...


HTMLSupreme Court Resolves Baseline Issue In Neighbors for Smart Rail Ruling
Katherine J. Hart; Abbott & Kindermann, LLP;
Legal Alert/Article
September 23, 2013, previously published on September 17, 2013
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Neighbors), the California Supreme Court held that a lead agency has discretion to omit existing conditions analyses by substituting a baseline consisting of environmental conditions projected to...


HTMLCalifornia Supreme Court Settles the CEQA Baseline Debate; Use of Future-Only Baseline in CEQA Only Permissible if Agency Shows Existing Conditions Baseline Would be Uninformative or Misleading
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
September 10, 2013, previously published on September 9, 2013
A transportation authority planned a light-rail extension line and prepared an Environmental Impact Report (“EIR”). In analyzing traffic and air quality impacts, the EIR omitted an existing conditions baseline and instead employed a baseline solely based on conditions in the year 2030....


HTMLPresident Obama Issues a Memorandum Encouraging Development of the U.S. Electric Transmission Grid
Peter S. Glaser, Kevin C. Greene, Daniel L. Larcamp, Clifford S. Sikora, Lara L. Skidmore; Troutman Sanders LLP;
Legal Alert/Article
June 19, 2013, previously published on June 17, 2013
On June 7, 2013, President Obama issued a memorandum titled “Transforming our Nation’s Electric Grid Through Improved Siting, Permitting and Review.” The memo directs the Secretaries of Agriculture, Commerce, Defense, Energy, and the Interior (collectively the...


Adobe PDFUS District Court Judge Orders Washington Highway Culverts Opened for Fish Passage
Lane Powell PC;
Legal Alert/Article
April 12, 2013, previously published on April 10, 2013
Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington State Parks and Recreation Commission to remove barriers to...


HTMLIs Canada About To Overhaul Its Marine Environment Risk Management Regime?
Richard L. Desgagnés, Vanessa Rochester, Wylie Spicer; Norton Rose Canada LLP;
Legal Alert/Article
February 12, 2013, previously published on February 2013
On February 5, 2013, the Report of the Commissioner of the Environment and Sustainable Development, prepared on behalf of the Auditor General of Canada, was released to the public. While the report considered a number of topics, those of primary interest to the marine industry are: (1) The...


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