General Business Environmental

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PUE, CUE and DCeP. Can Metrics Rescue Green IT?

Businesses’ technology estates consume ever-greater amounts of energy and, at the same time, the cost of that energy continues to escalate. Green IT initiatives seem to have little effect despite the fact that, on paper, the...more

Biofuels Law Alert: IRS Addresses the Identity of the "Producer" in Contract Manufacturing Arrangements

Last week the IRS released an internal memorandum addressing which of the parties to a contract manufacturing arrangement for biodiesel is treated as the “producer” of the biodiesel for certain federal tax purposes....more

Climate Change Disclosure - Heads I Win, Tails You Lose?

Arjuna Capital, a sustainable wealth management platform, and As You Sow, an environmental corporate responsibility advocacy group, have been advocating for publicly traded companies to assess and disclose the risks that...more

What’s the Difference Between ExxonMobil and Shell When It Comes To Climate Change? What’s A Trillion Tons (or Tonnes) Among...

Earlier this week, I posted about ExxonMobil’s shareholder disclosure. The bookend to ExxonMobil’s disclosure is the release of the Trillion Tonne Communique by the Prince of Wale’s Corporate Leaders Group. The Communique...more

U.S. Customs And Border Protection Announces Three New Members Of Commercial Targeting And Analysis Center

Participating agencies jointly target commercial imports that threaten health and safety - U.S. Customs and Border Protection (CBP) announced last week that three additional Federal agencies have formally joined the...more

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico...more

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

EPA Issues Guidance On American Iron And Steel Requirement For $2.4 Billion In FY 2014 Clean Water And Drinking Water State...

On January 17, 2014, President Obama signed into law the Consolidated Appropriations Act of 2014 (the "2014 Appropriations Act"), which requires the use of specific American iron and steel ("AIS") products in (1) all...more

United States to Participate in New World Trade Organization Trade Negotiation to Lower Tariffs on “Green Goods”

On March 21, the Obama Administration formally notified Congress that it intends to enter into a new plurilateral trade negotiation in the World Trade Organization (WTO) to eliminate tariffs on environmental goods. The...more

Trade & Manufacturing Alert - April 2014

In This Issue: - Putin Up With Russia - Downturn in Chinese Economy May Be Triggering An Export Surge - EPA Issues Guidance On American Iron And Steel Requirement For $2.4 Billion In FY 2014 Clean Water And...more

CPUC Issues Decision to Protect Solar Customers for 20 Years

The California Public Utilities Commission (CPUC) recently ruled to protect all existing solar, biogas and wind customers under their current net-energy metering (NEM) contracts for a 20-year grandfathering period. The...more

Legislative Update Report No. 2014-06 - Mar 31, 2014

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Exemptions for Energy Intensive Companies From Renewable Energy Surcharges: Commission Opens In-Depth State Aid Investigation...

The European Commission has opened an in-depth State aid investigation into a French scheme, under which energy intensive companies are exempted from renewable energy surcharges. The decision to open the formal investigation...more

EPA Endorses Upgraded All Appropriate Inquiry Standard

Buyers of real estate and their lenders are familiar with the Phase I Environmental Site Assessment. Originally developed in the 1980s in response to the CERCLA statute, the Phase I protocol has been refined over the years. ...more

United States Solar – The Shift from Utility Scale to Distributed Generation

In the first half of this decade, solar developers in the United States were largely focused on utility scale projects. “Mega-projects,” such as SunPower’s approximately 580 MW Solar Star projects, First Solar’s 550 MW Topaz...more

California Identifies the First Consumer Products for Assessment under its Safer Consumer Products Regulations

California’s Department of Toxic Substances Control (DTSC) took an important step in implementing its Safer Consumer Products program by identifying the first three consumer products that will be targeted for scrutiny. More...more

Boiler Compliance Deadline Has Arrived!

U.S. EPA recently finalized amendments to its rules regulating boilers at small facilities all over the country. The rule, called the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,...more

Developing Renewable Energy Projects on Brownfields: Mitigating Enivronmental Risks & Liabilities

“Greenfield” utility-scale renewable energy projects have generated both considerable praise and criticism. Government agencies and the public generally applaud efforts to generate renewable energy, while at the same time,...more

California Announces First Draft Priority Products under Safer Consumer Products Regulations

The California Department of Toxic Substances Control (DTSC) announced on March 13, 2014, the first draft Priority Products (PP) under the Safer Consumer Products Regulations (SCPR). The three draft PPs are...more

The Offshore Master Service Agreement

The offshore MSA is a fundamental contract for any operator or service company. It is the framework by which all work is performed offshore and, importantly, establishes which party assumes the risk of loss for people,...more

Energy Newsletter - March 2014

In This Issue: - REGULATORY: Oil & Gas Regulatory, Government Relations: Congress Probes Crude Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns - Environmental: A "Diesel...more

Retailers: It’s Time To Check How Your Stores Manage Their Waste

If you’re a retailer, it’s a good time to assess your system for tracking and managing hazardous waste. Think you don’t generate any? Think again. Those aerosol cans, product returns from customers, old pharmaceuticals and...more

California Court Denies Summary Judgment on Known Conditions Exclusion

In its recent decision in Lennar Mare Island v. Steadfast Ins. Co., 2014 U.S. Dist. LEXIS 26405 (E.D. Cal. Feb. 28, 2014), the United States District Court for the Eastern District of California had occasion to consider the...more

The Construction Advantage – Issue 2

We hope you enjoy Bernstein Shur’s second edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. Our goal is to provide practical...more

Regulatory and Standard Updates for 2014

A number of regulations and standards from the U.S. Environmental Protection Agency, OSHA, and other organizations have recently been revised and/or updated. TRC has prepared a Regulatory Update summarizing the changes with...more

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