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Legislative Update Report No. 2014-11 - June 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...more

What Is A Bird Worth To A Regulator?

What is a wild bird worth? Does it matter whether it is a Bald or Golden Eagle, of which here are few, or ducks and pelicans, of which there are enough (as least the ducks) so that hunters may shoot them for dinner. Does it...more

U.S. Fish & Wildlife Service Issues Rule Extending Terms of Permits for Incidental Eagle Take to Thirty-Years

Timing of Rule’s Publication is Another Indication of Renewed Focus on Avian Compliance Risk at Wind Farms - Today, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule extending the maximum term for...more

U.S. Fish And Wildlife Service Imposes First-Ever Criminal Penalties For Bird Deaths Caused By Wind Projects

The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S....more

For the First Time, U.S. Extends MBTA Enforcement to Renewables

On November 22, 2013, the Department of Justice announced its first prosecution of a wind farm operation for violations of the Migratory Bird Treaty Act (MBTA), a criminal statute governing take of over 1000 species of birds....more

The Criminal Side of Fracking: Individuals and Companies Face State and Federal Criminal Charges related to Handling and Disposal...

On Monday, October 28, 2013, the Clean Water Action national environmental organization (“CWA”) filed a federal civil lawsuit against Waste Treatment Corporation for the alleged illegal disposal of hundreds of thousands of...more

Adapting to a New Era of Strict Criminal Liability Enforcement under Pennsylvania’s Environmental Laws

Attorney General Kathleen Kane’s recent actions concerning the application of strict liability criminal offenses under Pennsylvania’s environmental laws present a new challenge for the oil and gas industry in Pennsylvania....more

Migratory Bird Treaty Act Concerns Extend to Solar Plants

The Migratory Bird Treaty Act (MBTA) has a famously broad scope, outlawing the taking of over 1000 species of birds, ranging from hummingbirds to robins and crows. It is also a criminal statute, although most violations are...more

Court Decision Emphasizes the Importance of a Preventive System in Discharging Environmental and Health and Safety Obligations

In a recent decision, the Ontario Court of Justice convicted Sunrise Propane Energy Group Inc. and 1367229 Ontario Inc. (the Companies), and their directors, Shay Ben-Moshe and Valery Belahov (the Directors), of multiple...more

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more

NH Supreme Court Says Unlawful Operation Of Solid Waste Facility Or Septic System Can Result In Criminal Penalties

On March 20, 2013, the New Hampshire Supreme Court issued a decision in State v. Guay, holding that the defendant’s unlawful operation of a solid waste facility or septic system can result not just in civil fines, but also in...more

Hot Topics in Mining Litigation

Recent Canadian and international trends point to signs of an increasingly litigious mining industry and an increased risk of liability exposure for mining companies, officers and directors. Over the last several months,...more

Federal Charges Filed for Ohio Drilling Waste Release; Ohio Legislation Proposes Increased Penalties

Early last week, we covered the response of Ohio regulators to an alleged release of hydraulic fracturing waste into a Youngstown, Ohio area tributary by Hard Rock Excavating (Hard Rock), an affiliate of oil and gas player...more

Discharge of Drilling Waste in Ohio Triggers Civil and Criminal Enforcement Actions; Heightens Scrutiny of State Regulatory...

A release of approximately 40,000 gallons of oil and gas operations waste into a Youngstown, Ohio area storm drain flowing into the Mahoning River is igniting a call for tighter regulatory oversight and more transparent...more

Patton Boggs Insights - December 2012: Litigation/Courts: Three Sentenced To Prison For Asbestos Violations

Three Tennessee men have been sentenced to a combined total of more than seven years in prison for Clean Air Act and other violations related to a demolition project. ...more

EPA’s 2012 Enforcement Results – What Do They Mean?

Shortly before the end of the year, EPA released its annual review of its civil and criminal enforcement results for the Fiscal Year 2012....more

Generator of Fraudulent Renewable Fuel Credits Found Guilty in Federal Court

In the first ever criminal prosecution associated with fraudulently generating renewable fuel credits known as Renewable Identification Numbers (RINs), on June 25, 2012, a jury in the U.S. District Court for the District of...more

McAfee & Taft RegLINC - April 2012: Refinery sentenced to pay largest criminal air pollution fine in Louisiana history by Heidi...

After pleading guilty to felony violations of the Clean Air Act (CAA) and obstruction of justice in October 2011, Pelican Refining Company LLC, a Texas oil company operating in Lake Charles, LA, was sentenced to a $10 million...more

McAfee & Taft RegLINC - April 2012: Safe Drinking Water Act enforcement By Chris Paul

The former mayor of Stover, Missouri, was sentenced in December 2011 to 10 years of probation and five months of home confinement, 30 days in a halfway house, and a $10,000 fine on charges related to violations of the Safe...more

EPA Issues Notices of Violation of the RFS to Twenty-Four Parties

The U.S. Environmental Protection Agency (EPA) today issued Notices of Violation of the Clean Air Act to parties who used Renewable Identification Numbers (RINs) generated by Clean Green Fuel LLC to satisfy their compliance...more

McAfee & Taft RegLINC - May 2011: BP Alaska to pay largest per barrel penalty to date

On May 3, 2011, the Environmental Protection Agency, the Department of Justice and the Department of Transportation’s PHMSA announced the penalty assessed against BP Exploration Alaska, Inc. for its crude oil spill in March...more

Toghe Verdi - Diritto Ambientale

Featured on the legal magazine "Top Legal". Environmental lawyers and environmental crimes....more

I Perry Mason difensori dell'ambiente

Featured on the economic magazine "Valori". Green economy and environmental lawyers....more

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