James Smith

James Smith

Porter Hedges LLP

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Environmental Alert: "Texas Supreme Court Clarifies Causation Standard in Multiple Source Toxic Tort Cases"

The Texas Supreme Court took what appears to be a middle ground in toxic tort cases involving exposure to the same substance from multiple sources. The Court rejected the “but for” standard advocated by the defendant, but...more

7/16/2014 - Bodily Injury Causation Hazardous Substances Mesothelioma Toxic Exposure

Environmental Alert: "DC Circuit Says EPA Can Delay Acid Rain Rules, but Vacates EPA’s Inconsistent Aggregation Policy"

The US Court of Appeals for the District of Columbia Circuit (DC Circuit) issued two important air quality decisions during the last week of May. In both cases, the position supported by industry prevailed....more

6/6/2014 - Air Quality Standards Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions NAAQS

Environmental Alert: "EPA Proposes Further Controls for Refinery Emissions"

On May 15, 2014, EPA issued a proposed rule that would add additional emission control requirements for storage tanks, flares, and coking units at petroleum refineries. The proposal would also require additional fence line...more

5/20/2014 - Air Pollution Carbon Emissions Environmental Policies EPA Greenhouse Gas Emissions Refineries

Environmental Alert: "Supreme Court Reverses DC Court of Appeals; Finds EPA’s Basis for CSAPR to be Reasonable"

The United States Supreme Court has reversed the Court of Appeals for the DC Circuit regarding EPA’s Cross State Air Pollution Rule (CSAPR). Texas was one of many entities who argued that CSAPR was not consistent with Clean...more

4/30/2014 - Air Pollution Clean Air Act Cross-State Air Pollution EPA SCOTUS

EPA's Draft Strategic Plan Acknowledges Reduction in Enforcement Resources

In November 2013, EPA issued its draft Strategic Plan for 2014-2018. EPA received comments on the Plan through January 3, 2014, although the comments will probably not lead to significant changes....more

1/15/2014 - Air Pollution Carbon Emissions Enforcement Environmental Policies EPA Greenhouse Gas Emissions

Texas Railroad Commission to Hire Seismologist

The Texas Railroad Commission announced that it would hire an in-house seismologist to investigate the possible link of oil and gas activity to seismic events. In a January 7, 2014 statement, the Railroad Commission said that...more

1/9/2014 - Common Carriers Mineral Exploration Mining Oil & Gas Pipelines Seismic Data Texas

EPA Recognizes New Standard for Phase I Environmental Site Assessments in Real Estate Transactions

Effective December 30, 2013, the Environmental Protection Agency (EPA) has amended its regulations for site assessments in real estate transactions to add a new standard, ASTM E1527-13, as satisfying the agency’s requirements...more

1/8/2014 - ASTM CERCLA Contaminated Properties Environmental Assessments EPA Land Developers Real Estate Market Superfund Vapor Intrusion

"OSHA's Launch of Web Resources to "Assist" Companies May Be Part of a Disturbing Trend"

On October 24, 2013, the Occupational Safety & Health Administration (OSHA) issued a press release announcing that it had "launched two new web resources to assist companies with keeping their workers safe." One resource is...more

10/30/2013 - Compliance OSHA

US Supreme Court Appears Ready to Address GHG Issue Left Unresolved by Court of Appeals

On October 15, 2013, the United States Supreme Court agreed to hear the challenge to EPA’s greenhouse gas (GHG) regulations. The Court consolidated six different appeals from the decision of the United States Court of Appeals...more

10/16/2013 - Clean Air Act EPA Greenhouse Gas Emissions Permits SCOTUS Standing

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