Commercial Law & Contracts, Administrative Law, Environmental Law

Antidumping and Countervailing Duty Actions

by David Robinson | Nexsen Pruet, PLLC on 1/14/2013

Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. The US Government has prioritized the protection of domestic industries impacted...more

New Liability Protection For Tenants On Brownfield Properties

by Jane Luxton | Pepper Hamilton LLP on 1/9/2013

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more

ADEM Backtracks On Its Effort To Require Remediation Agreements

by Ronald Farley | Burr & Forman on 1/7/2013

The Alabama Department of Environmental Management (ADEM) has apparently ended its effort to require payment of fees to review groundwater assessments and remediation plans, at least for the time being. Approximately one...more

New EPA Guidance Gives Long-Term Tenants Direct Access to the Bona Fide Prospective Purchaser Defense and Greater Protection from...

by Jeffrey Kirschenbaum | Buchalter Nemer on 1/4/2013

Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more

Governmental Actions That May Assist Insurance Recovery for Superstorm Sandy Claims

by Lynda A. Bennett, Andrew S. Zimmerman | Lowenstein Sandler LLP on 12/21/2012

Following the widespread destruction caused by “Superstorm Sandy,” the governors of New York and New Jersey declared states of emergency and issued numerous emergency executive orders and directives. Some of these orders have...more

BOEM Five Year Outer Continental Shelf (OCS) Oil And Gas Leasing Program Under Attack

by Andrew J. Quackenbos | King, Krebs & Jurgens, PLLC on 12/17/2012

The Center for Sustainable Economy, a non-profit public interest consulting firm, filed a lawsuit today against the Bureau of Ocean Energy Management (BOEM) in an attempt to halt that agency’s first approved five-year Outer...more

U.S. EPA Issues New Guidance on Bona Fide Prospective Purchaser Defense for Tenants

by Cristina Stummer | Saul Ewing LLP on 12/17/2012

The United States Environmental Protection Agency ("EPA") released revised guidance on the applicability of the bona fide prospective purchaser ("BFPP") defense to tenants under the Comprehensive Environmental Response,...more

Renewable Energy Approvals For Detroit Edison

by Bruce Goodman | Varnum LLP on 12/17/2012

The Michigan Public Service Commission (MPSC) has approved a 2 MW Phase II for Detroit Edison’s customer-owned SolarCurrents Program. Fifty percent of the renewable energy credit credits (RECs) will be purchased “up-front”...more

Retail Industry Alert: December 2012 - What You Need to Know About the Changes to California’s Rigid Plastic Packaging Container...

by Stephanie Sheridan | Sedgwick LLP on 12/13/2012

Are you a manufacturer of products sold in plastic containers such as tools, consumer electronics, cosmetics, dish soap or soft drinks? Are you a company that rebrands these types of products for sale in your retail stores? ...more

Maine DEP Amends Its Air Licensing Regulations

by Dixon P. Pike, Brian M. Rayback | Pierce Atwood LLP on 12/12/2012

Recently, the Maine DEP adopted amendments to its air licensing regulations, including Chapter 100, Definitions; Chapter 115, Major and Minor Source Air Emission License Regulations; and Chapter 140, Part 70 Air Emission...more

The Massachusetts DPU Approves the Cape Wind NSTAR Contract: Do I Feel Wind At The End Of The Tunnel?

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 12/1/2012

On Monday, the Massachusetts DPU gave an early holiday present to Cape Wind, by approving the power purchase agreement it entered into with NSTAR. When the 27.5% of Cape Wind represented by this PPA is added to the 50%...more

Solar Power Purchase Agreements: Tips and Tricks Part 1

by Robert Freedman - Partner at Tharpe & Howell,... on 11/30/2012

Solar power panels on residential rooftops are an increasingly common sight these days. But the legal mechanics behind the development and delivery of solar power to consumers can be complex. There are several alternative...more

NY PSC Raises Net Metering Limit in Hudson Valley; Considers Raising Limit Elsewhere in State

by David T. Metcalfe | Cullen and Dykman LLP on 11/28/2012

Governor Andrew Cuomo has declared that New York State is dedicated to being a leader in renewable energy production and use. As a part of its efforts to encourage the private development of alternative energy technology, the...more

Watt’s New? Michigan Energy News - November 2012

by Varnum LLP on 11/28/2012

In This Issue: - Proposal 3 Rejected by Voters - Patriot Solar Development Efforts Shine - Reducing Total Lifetime System Costs for Solar Panels - Sierra Club Ready to Sue on Alleged Air Quality Violations -...more

Minimizing Commercial Lease Risks Through Proper Environmental Due Dilligence

by Lane Powell PC - Environmental Law on 11/21/2012

As real estate development and leasing begin to emerge slowly from the dark days of the Great Recession, it’s important to remember that environmental considerations should not take a back seat to getting a deal done. In...more

Price on Carbon Set in California

by Jon Costantino | Manatt, Phelps & Phillips, LLP on 11/20/2012

Six years after the passage of AB 32, the world finally knows what a metric ton of carbon emissions costs in California, when the California Air Resources Board (CARB or Board) released the results of the November 14, 2012,...more

California Drops the Hammer on First Carbon Auction Despite New Lawsuit

by Peter Hsiao, Sue Landsittel, William Sloan, Michael Steel | Morrison & Foerster LLP on 11/15/2012

The California Air Resources Board (CARB) proceeded today with the inaugural carbon allowance auction for its impending “cap-and-trade” greenhouse gas (GHG) emissions regulation program, despite a lawsuit filed yesterday by...more

Chamber Challenges Today’s GHG Emissions Auction in California

by Allison Davis | Davis Wright Tremaine LLP on 11/15/2012

California’s largest business lobby filed a lawsuit yesterday seeking to invalidate California’s first greenhouse gas (GHG) emissions allowance auction scheduled for today....more

Minor Problems In Environmental Impact Report Are Not Prejudicial Defects

by Peter Bauman - Senior Associate at Tharpe &... on 11/15/2012

A recent appellate case addressed the issue of minor problems and deficiencies in an Environmental Impact Report (“EIR”) and whether they were prejudicial errors that amounted to defects in the approval process required for a...more

CARB Sued on Cap and Trade Revenues on Eve of First Auction

by Jon Costantino, Marc D. Luesebrink | Manatt, Phelps & Phillips, LLP on 11/14/2012

It has been rumored for weeks that a Cap and Trade lawsuit was imminent. The questions were: who would file the lawsuit, when, and on what grounds? Those questions were answered, at least in part, today. The case is...more

D.C. Circuit Vacates EPA’s Cross-State Air Pollution Rule

by Burr & Forman on 11/9/2012

On August 21, the D.C. Circuit Court of Appeals, in EME Homer City Generation, L.P v. EPA, F.3d (D. C. Cir. 2012), vacated the Cross-State Air Pollution Rule (CSAPR, also known as the “Transport Rule”) and remanded the...more

Five Steps to Take When an EPA Inspector Knocks

by Michael Volkov on 11/8/2012

A question I often am asked is “What can and should our company do when it receives an information request from EPA or an EPA inspector shows up unannounced at one of our facilities?” This is an excellent question in light...more

Initiative to Label Genetically Modified Foods Fails in California

by Morrison & Foerster LLP on 11/7/2012

Yesterday, California voters rejected Proposition 37, the Right to Know Genetically Engineered Food Act by 53 percent to 47 percent. The voter initiative would have required labeling of most foods with genetically...more

FTC Green Marketing Guides

by Peter Bauman - Senior Associate at Tharpe &... on 11/2/2012

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...more

Hurricane Sandy and Environmental Compliance

by Pierce Atwood LLP on 10/31/2012

As we all prepare for -- or cope with -- the impacts of this storm, we hope you and your loved ones stay safe. Unfortunately, environmental impacts are inevitable. We are mindful that EPA was criticized after Katrina for...more

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Commercial Law & Contracts › Administrative Law › Environmental Law