Environment & Energy Law

Timely Environment & Energy Law information: news & analysis from the lawyers, firms and professionals publishing on JD Supra.

FEATURED News

The expanding reach of CERCLA By Vickie Buchanan
McAfee & Taft

To establish a claim under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seq.) (“CERCLA”), the United States must prove: (1) the site is a “facility”; (2) a “release” or... more

Bankruptcy Unlikely to Save BP
Tampa Bay Bankruptcy Center, P.A.
California Passes First U.S. Renewable Energy Storage Law
Lane Powell PC - Environmental Law
Renewable Energy Update - August 31, 2010
Allen Matkins Leck Gamble Mallory & Natsis...

	Latest Filings and Decisions
	Hearts Bluff Game Ranch v. United States Order dismissing lawsuit for failure to state a valid property right Nancie G. Marzulla How you characterize the nature of your property right can make the difference between litigating your takings case and dismissal. In Hearts Bluff Game Ranch, the plaintiffs apparently claimed a property right in its intention to sell...... more
	Webster v. United States Order denying motion for reconsideration Nancie G. Marzulla Takings case involving that National Park Service was dismissed for failure to timely file the lawsuit, and the remaining claims were transferred to a federal district court in the Western District of Washington. But this case is of...... more
	The Estate of Wayne Hage v. United States Final Judgment Award Nancie G. Marzulla Former chief judge Loren Smith of the U.S. Court of Federal Claims entered final judgment in a water rights takings case. The award brought closure to a 17 year-long lawsuit ending in favor of a ranching family: “The court ruled that...... more

	Most Recent Articles
	PHMSA advisory: Risks associated with mobile devices By Chris Paul McAfee & Taft The Pipeline and Hazardous Materials Safety Association (PHMSA) issued an advisory bulletin to remind owners and operators of natural gas and hazardous liquid pipeline facilities of the risks associated with the use of personal...... more
	Comment: Connecticut v. American Electric Power Co. Nikhil Gore This comment discusses Connecticut v. American Electric Power Co. (“AEP”), in which the Court of Appeals for the Second Circuit announced that the federal common law of nuisance could potentially provide the basis for...... more
	EPA Clean Air Act greenhouse gas rulemaking By Mary Ellen Ternes McAfee & Taft EPA confirms endangerment On July 29, 2010, EPA denied 10 petitions to reconsider its 2009 Greenhouse Gas Endangerment and Cause and Contribute Findings, including petitions from Coalition for Responsible Regulation, Competitive...... more

	Commercial Law & Contracts
	China energy performance contracting update William Lu what are the key issues/roadblocks for the implementation of an energy performance contracting project in China? Recent legislations may have addressed these issues.... more
	CFTC Withdraws Proposed Energy Position Limits Katten Muchin Rosenman LLP The Commodity Futures Trading Commission has withdrawn its January proposal to establish federal speculative position limits for futures and option contracts on certain energy products. In its withdrawal notice, the CFTC cited the...... more
	Crisp Legal: The Enhanced Renewable Energy Target Dermot Duncan A short summary of the recent splitting of the Renewable Energy Target in Australia into the: Small Scale Renewable Energy Scheme; and the Large Scale Renewable Energy Scheme. This is a novel structure for "quantity based renewable...... more

	Construction
	IL Court Rules That BP Can Be Penalized by Village for Abandoned Gasoline Service Station Dave Scriven-Young Article on Illinois Appellate Court's ruling that BP can be penalized by Village of Northfield for abandoned gasoline service station. This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC, and was...... more
	Anti-Corruption Laws & Compliance David Seide This articles reviews recent anti-corruption efforts affecting energy and infrastructure companies, and discusses key elements associated with compliance programs.... more
	Ninth Circuit Rules that NPDES Permits Are Required for Logging Road Ditches and Culverts Dinsmore & Shohl LLP In a decision that may eventually have significance far beyond the nine states encompassed by the Ninth Circuit Court of Appeals, that court ruled on August 17, 2010 that timber companies are required to obtain National Pollutant...... more

	Finance & Banking
	Energy and Clean Tech Connections - August 2010 Mintz Levin - Corporate Practice In This Edition: In the News: United States In the News: Europe and Asia Government Financial Assistance Privately Sourced Financial Grants Federal and State Happenings Legal News *Events Please see full newsletter...... more
	Misrepresentation of Lehman Guaranty Supports Securities Claim Katten Muchin Rosenman LLP An investment company’s representation that certain energy bonds were backed by the State of Georgia—when they were in fact guarantied by Lehman Brothers Holdings, Inc.—could subject the firm to liability for securities...... more
	Renewable Energy Update - August 10, 2010 Allen Matkins Leck Gamble Mallory & Natsis... In This Update: Industry sees new chance for RES in Reid bill RENEWABLE ENERGY FOCUS ..U.S. solar power investments to reach $61.1B by 2015 Reid says renewable-energy funds will be restored DOE releases annual wind market...... more

	Science & Technology
	Nuclear Power: You’ve Come a Long Way, Baby! Duane Morris LLP Even in the midst of the most severe economic downturn since The Great Depression, the Energy Information Administration (EIA) forecasts an increase in demand for electricity of 14% by 2035.1 Between 2029 and 2035 nearly a third of all...... more
	Energy and Environment Update - August 1, 2010 Mintz Levin In This Update: Energy and Climate Legislation Senate ..Oil Spill Hearings Continue ..Legislation Introduced ..Upcoming Hearings *House ..House Passes Oil Spill Legislation ..Oil Spill Hearings Continue ..Congressmen Ask...... more
	Green Building Update - August 9, 2010 Allen Matkins Leck Gamble Mallory & Natsis... In This Issue: Ten Million Solar Roofs bill moves ahead GREEN BUILDING FOCUS ..Report: U.S. retrofits could save $41B yearly California receives $22M in grants for clean tech Indianapolis unveils green building...... more

	Transportaion
	EPA Proposes Transport Rule to Address Interstate Air Pollution Foley Hoag LLP On July 6, 2010, the United States Environmental Protection Agency (“EPA”) released a proposed rule designed to address the transport of certain air pollutants across state boundaries. Once finalized, the proposed rule, dubbed the...... more
	Energy and Environment Update - July 11, 2010 Mintz Levin In This Issue: Energy and Climate Legislation Congress ..Congressional Offices Protest Yucca Decision ..Additional Issues to Address Before August Recess ..Legislation Introduced ..Upcoming...... more
	Energy and Environment Update - June 27, 2010 Mintz Levin In This Issue: Energy and Climate Legislation Senate ..Committee Examines Future of Electric Vehicles ..Oil Spill Hearings Continue ..Legislation Introduced ..Upcoming Hearings *House ..Oil Spill Hearings...... more