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HTMLCourt Muddies the Waters on Federal Shoreline Jurisdiction
Marc R. Bruner, Ella Foley Gannon; Bingham McCutchen LLP;
November 5, 2009, previously published on October 29, 2009
In United States v. Milner, the Ninth Circuit ruled that federal jurisdiction under the Rivers & Harbors Act is defined by where the mean high water line would have been had shore-defense structures such as seawalls and levees never been built, while jurisdiction under the Clean Water Act is...

 

HTMLInternal Revenue Service Position on Performance-Based Compensation Changes Effective in 2010
Lawrence E. Volmert; Holland & Hart LLP;
October 28, 2009
In two recent actions, EPA has signaled that it may be pushing for aggregating oil and gas activities under the Prevention of Significant Deterioration (PSD) and Title V Operating Permit programs.

 

HTMLCourt Upholds Air District's Indirect Source Review Fees
Geoffrey L. Robinson, Verne Ball; Bingham McCutchen LLP;
October 28, 2009, previously published on October 21, 2009
In a closely watched case addressing fees imposed for air pollution, the Fifth District Court of Appeal upheld the San Joaquin Valley Air Quality Management District's Indirect Source Review program, embodied in Rule 9510. California Building Industry Association v. San Joaquin Valley Air Pollution...

 

Adobe PDFIRS Modifies 2007 Ruling on Wind Energy Partnerships
Roger D. Aksamit, Marc E. Grossberg, Mary A. McNulty, R. David Wheat; Thompson & Knight LLP;
October 28, 2009, previously published on September 29, 2009
On September 21, 2009, the Internal Revenue Service (the "IRS") issued Announcement 2009-69 (the "Announcement") modifying the language of certain provisions of Revenue Procedure 2007-65. Revenue Procedure 2007-65 establishes safe harbor requirements for the allocation of...

 

Adobe PDFRecent Developments in Climate Change Law Relating to the Western Climate Initiative
Amy J. Carruthers; Lawson Lundell LLP;
August 12, 2009
On September 23, 2008, the Western Climate Initiative ("WCI") released its Design Recommendations for the WCI Regional Cap-and-Trade Program, intended to reduce climate-changing greenhouse gas emissions (including carbon dioxide and five other gases commonly considered carbon dioxide...

 

Adobe PDFConnecticut DEP Proposes New Stream Flow Regulations Applicable to All Rivers and Streams
Harold M. Blinderman, René Alejandro Ortega; Day Pitney LLP;
October 26, 2009, previously published on October 21, 2009
On October 13, 2009, the Connecticut Department of Environmental Protection ("DEP") published notice of its intent to adopt new regulations setting minimum flow standards for the state's rivers and streams. The Proposed Stream Flow Standards and Regulations ("Proposed Rules")...

 

HTMLState Water Board Proposes Expanded Definition of Wetlands
Marc R. Bruner, Ella Foley Gannon; Bingham McCutchen LLP;
October 26, 2009, previously published on October 8, 2009
The California State Water Resources Control Board is considering a proposed definition of "wetlands" that could significantly expand the state's regulatory jurisdiction beyond the longstanding federal definition administered by the United States Army Corps of Engineers.

 

HTMLFederal Appellate Decision Finds Federal Government Breached Water Supply Contracts with California Water Agencies
Daniel J. O'Hanlon, Eric Adair; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
October 26, 2009, previously published on October 8, 2009
The federal government's failure to meet its contractual obligation to supply water to drought-stricken California water agencies, while continuing to meet other demands for water, especially for the protection of fish and wildlife, was recently found to be a breach of contract. Stockton East Water...

 

HTMLFederal Water Decision Could Complicate Breach of Contract Claims Related to Water Shortages
Robert M. Sawyer, Roderick E. Walston, Gregory K. Wilkinson; Best Best & Krieger LLP;
October 16, 2009
In a decision that could have a substantial impact on water agency contract disputes with the Government - especially where they relate to water supply shortages - a federal appeals court has found that the United States Bureau of Reclamation ("Bureau") breached its contract with the...

 

Adobe PDFProposed Changes to Water Use in Oil Sands Operations
Randall W. Block, Bruce A. Lawrence; Borden Ladner Gervais LLP;
October 10, 2009, previously published on March 2009
There are significant changes on the horizon with regards to how thermal in situ oil sands operations ("Thermal Projects") can use and impact water in the Province of Alberta. On February 9, 2009, Alberta Environment ("AE") and the Energy Resources Conservation Board (the...

 


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