General Business Environmental

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Volkswagen Defeated?

Last week, on September 18, 2015, the EPA issued a News Release revealing that Volkswagen Group of America (“Volkswagen”) sold cars incorporating a “defeat device” as defined in the Clean Air Act (“CAA”) to purposefully evade...more

Another Chesapeake Post-Production Deduction Case

The result was like others we’ve seen. Lessors Win. These wells are in Johnson and Tarrant County, Texas. Lessee Chesapeake Exploration sells to affiliate Chesapeake Marketing through affiliate-operator Chesapeake Operating....more

Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy

This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. LEXIS 7489 (Tex.App., Jul. 21, 2015), a Dallas panel of Texas’ intermediate level appellate court rejected policyholder...more

Blog: SEC To Issue Final Dodd-Frank Resource Extraction Disclosure Rule By June 2016 (Maybe)

As noted in this Law 360 article and in this blog , on Friday, the SEC filed a Notice of Proposed Rulemaking in the U.S. District Court for the District of Massachusetts in connection with Oxfam...more

Mining on 10 Million Acres in Six States Impacted by BLM’s Proposed Withdrawal

On September 24, 2015, the federal Bureau of Land Management (“BLM”) published a Notice of Proposed Withdrawal (“BLM notice”), proposing to withdraw from mineral location and entry federal lands identified as “sagebrush focal...more

EPA Publishes Revised Fee Schedule for Registration Applications for FY 2016

On September 22, 2105, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register listing its revised registration service fees applicable to specified pesticide applications and tolerance...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

Arizona Increased Tax Credit for Renewable Energy Facilities Used for Self-Consumption by Five Times per Facility

Arizona has enacted Arizona House Bill 2670 (adding Arizona Revised Statute 41-1520 and amending Arizona Revised Statutes 42-5063, 42-5159, 42-6012, 43-1083.04 and 43-1164.05), which includes taxpayer-friendly revisions to...more

DTSC Issues Guidance to Companies on How to Prepare Alternative Analysis under the Safer Consumer Products Regulations

California's Department of Toxic Substances Control (DTSC) released for comment its Draft Stage 1 Alternatives Analysis Guide (Draft AA Guide). Under the Safer Consumer Products Regulations (SCPR), responsible entities...more

German Market Toolkit

An increasing number of leases contain individual “green” clauses or a “green” annex which are aimed at making the fit-out, management and use of the relevant building sustainable (“Green Lease”). Currently, Green Leases...more

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

How Can the Automotive Industry Strengthen Its Regulatory Compliance Process and Reduce Its Compliance Risks?

Many Americans listened last week to the admissions by the now former President of Volkswagen that the company had been “dishonest” and had cheated on the U.S. emissions tests. How was this happening at the world’s #1...more

VW Emissions Testing Scandal – View from the Board

The Board of Directors role in the Volkswagen (VW) emissions test scandal is one that is only now being scrutinized. In an article in the New York Times (NYT), entitled “Problems at VW Start at the Boardroom”, James B....more

EPA Proposes Changes To RCRA Hazardous Waste Export And Import Regulations

Prompted by a 2013 Commission for Environmental Cooperation (CEC) report on hazardous waste exports from the U.S. and changes to the 2001 Organization for Economic Cooperation and Development’s (OECD) Council Decision for...more

The VW Scandal: Insular Senior Management and Ethical Breakdowns

The Volkswagen scandal will be studied for years. One of many themes from the Volkswagen scandal will rest on the complete absence of any commitment to corporate governance. Volkswagen’s weird corporate structure (it is owned...more

Vermonters Sue Volkswagen Over Emissions Testing Deceit

Vermont Volkswagen car owners headed by Charlotte resident Robert Turnau have sued Volkswagen companies in Germany and the United States over damages they suffered as a result of the company’s falsification of emissions...more

California Releases its First Draft of its Alternatives Analysis Guide (AA Guide)

All manufacturers and sellers of consumer products into California should take note. California has just released its first draft of stage one of its Alternatives Analysis Guide (AA Guide). ...more

Notification of SVHCs in Finished Products

The European Court of Justice (ECJ) has recently handed down a landmark judgment which clarifies when the notification obligations under REACH relating to substances of very high concern (SVHCs) apply. REACH requires...more

ESA Alert: U.S. Fish and Wildlife Service Initiates 12-Month Review for Listing

Last week, the U.S. Fish and Wildlife Service (“Service”) announced its 90-day findings on various petitions under the federal Endangered Species Act. The Service found that 23 petitions presented substantial scientific or...more

Revisions to Key Definitions in Virginia Air Pollution Program Add Flexibility

Changes to Virginia’s air program that took effect August 13 offer greater flexibility for manufacturers, electric utilities, and other major sources of air pollutants. These changes reduce the rigidity of two key Virginia...more

The Defeat Device: Compliance and Ethics in the Auto Industry

Things are seriously bad when one of the world’s most respected business focused publications, the Financial Times (FT), asks if the auto “industry faces ‘Libor moment’”? Yet that was a headline yesterday in the lead article...more

Prompted by Independent Study, EPA Issues Notice of Violation to Volkswagen for Circumventing Federal Emissions Standards

The Environmental Protection Agency’s (EPA) issuance of a notice of violation last week to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. (collectively Volkswagen) appears to have further validated EPA’s and...more

North Carolina offshore wind advances

Federal efforts to lease ocean sites off the North Carolina coast for offshore wind development advanced last week, when the Bureau of Ocean Energy Management issued a report finding that there would be no significant...more

EPA To Propose Overhaul of RCRA Generator Regulations

EPA is poised to publish a proposed rule revising regulations applicable to hazardous waste generators under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (RCRA). The proposed rule, which has not yet...more

The Great British Bag Off

From 5 October, all organisations with 250 employees or more who sell or deliver goods in England will be required to charge a minimum of 5 pence per "qualifying plastic bag" used for carrying certain types of goods. If a...more

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