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Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

A fertilizer plant surrounded by homes, schools, and a hospital. A chemical tank that was externally examined but not drained of liquid for a more thorough inspection. These were some of the factors that contributed to two...more

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

What does the Supreme Court’s UARG decision mean for you?

In a highly anticipated decision last week, the Supreme Court struck down a portion of EPA’s so-called Tailoring Rule for greenhouse gas emissions. By its Tailoring Rule, EPA had attempted to regulate certain stationary...more

EPA Proposes Clarification on CERCLA’s “All Appropriate Inquiry” Standard

Step by step, inch by inch. Slowly but diligently, the U.S. Environmental Protection Agency has been working to clarify what standards and practices may be used for conducting “all appropriate inquiries” (AAI) under the...more

Supreme Court Decides Utility Air Regulatory Group v. Environmental Protection Agency

On June 23, 2014, the U.S. Supreme Court decided Utility Air Regulatory Group v. Environmental Protection Agency, No. 12-1146, holding that the U.S. Environmental Protection Agency (EPA) cannot require that a stationary...more

Duty to Consult where Government Action Impacts a First Nation’s Economic Interests

On May 14, 2014 the British Columbia Supreme Court released its decision in Ehattesaht First Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 849. The case concerned an application for...more

California Environmental Law and Policy Update - June 2014 #2

Environmental and Policy Focus - Kings County lawsuit challenges Fresno-Bakersfield high-speed rail: Fresno Bee - Jun 5: The Kings County Board of Supervisors, the Farm Bureau, and a group of county residents filed...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

New EPA Standard Provides Guidance for Phase I Investigations

In a recent rulemaking, the Environmental Protection Agency (EPA) amended its “All Appropriate Inquiries Rule” (set forth in 40 CFR Part 312) to reference in the rule ASTM Standard E1527-13. ASTM Standard E1527-13 is the...more

Friday 13th: an Unlucky Day for Scottish Liquidators

On 13 December 2013, the Court of Session ruled that the liquidators of The Scottish Coal Company Limited (SCC) were not able to disclaim ownership of certain open-cast mines and the environmental permits which were connected...more

Québec Finally Adopts its Reform of the Mining Act

The English version will be available soon. Le 10 décembre 2013, le Projet de loi no 70 – Loi modifiant la Loi sur les mines (le « Projet de loi 70 »), qui avait été déposé par la Ministre des Ressources naturelles (la...more

Watt’s New? Michigan Energy Newsletter - December 2013

In This Issue: - Challenge to Coal Plant's Modified Air Permit Fails - Electric Reliability Project to Include Focus on Outages - Michigan Shorts - Consumers Energy May Terminate Case for New Gas Plant -...more

The EU looks at fracking: regulations taking shape

Hydraulic fracturing, or "fracking," to extract shale gas from deep rock formations, has recently been much in the news in Europe. In October, the European Parliament, which was considering proposals for a revision of...more

Passing the Buck: The Impact of Maryland's New Stormwater Fees on Commercial Leases

During its 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which required that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

The Shale Play Today - September 2013

In This Issue: - Deeper Resources: Rotruck Joins Spilman - EQB Proposes Substantial Increases in Permit Fees for Unconventional Wells - Oil & Gas Lessees Retain Important Rights in W.Va. - Pa. Shale Industry...more

"One-Stop-Shopping" For State Transmission Siting Approvals?

This month, the Energy Foundation and Energy Innovation Policy and Technology LLP released ??“America’s Power Plan,” a report consisting of a series of white papers providing policy ?recommendations which the authors describe...more

Watt’s New? Michigan Energy Newsletter - September 2013

In This Issue: - Still Getting Ready to Make Good Energy Decisions - Net Metering Participation Increases - Methane–to-Methanol Plant Operational - Adopt-A-Watt Helps Library - Restrictive Wind Zoning...more

EPA To Withdraw All Appropriate Inquiries Rule And Issue New Final Rule

EPA is poised to withdraw the direct final rule it published on August 15, which would have added a new ASTM standard for conducting Phase I Environmental Site Assessments to the list of “all appropriate inquiries” that must...more

Court Upholds County’s Ban of Single-Use Plastic

A coalition of companies involved in making and distributing plastic bags challenged an ordinance that bans single-use plastic bags and imposes a fee. The coalition alleged that the county failed to comply with the California...more

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation

In its recent decision in Arch Ins. Co. v. Commercial Steel Treating Corp., 2013 U.S. Dist. LEXIS 121574 (E.D. Mich. Aug. 27, 2013), the United States District Court for the Eastern District of Michigan had occasion to...more

New Mining Act: A Detailed Review

In this article: - New Mining Act – Bill 43 - Exploration Phase - Procedure, Duty to Disclose and Reports - Mining Restrictions - Management of Mining Claims - Extraction Phase...more

First District Holds CEQA Categorical Exemptions For Regulatory Agency Actions To Protect The Environment Apply To Marin County’s...

After years of study, Marin County adopted an Ordinance in 2011 banning single-use plastic bags and mandating a 5-cent fee on single-use paper bags; the ordinance applies to roughly 40 retailers in the unincorporated county....more

Marin County's Plastic Bag Ban Categorically Exempt From CEQA Review

Decision expected to provide guidance for public agencies in determining the type of environmental review required for such bans....more

The Shale Play Today - July 2013

In This Issue: - Legislative Update: Pa. Passes Oil & Gas Lease Act: On July 9, 2013, Governor Corbett signed the Oil and Gas Lease Act, Senate Bill No. 259 of 2013 (the"Act"), which amends Pennsylvania's...more

If We Lease It, Will They Build? Offshore Wind Energy Lease Sale Number 2

On Monday, the Department of the Interior and the Bureau of Ocean Energy Management (BOEM) announced the nation’s second offshore wind energy lease sale – this time for an area off the Virginia coast. The first competitive...more

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