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California’s Countdown to Legal Cannabis: Facing Regulatory and Permitting Uncertainty

by Morrison & Foerster LLP on

As of January 1, 2018, it will be legal for adults in California to buy and sell cannabis for recreational purposes. That’s the simple version. But as is true for virtually every other “legal” enterprise in the state, the...more

New Flint Indictments Just in Time for the Holidays

by Burr & Forman on

On December 20, 2016, Michigan’s Attorney General announced additional indictments in the Flint water crisis. The indictments against two former emergency managers and two former City of Flint executives bring to 13 the...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: an announcement by the International Criminal Court regarding the...more

The Supreme Court - May 2016 #4

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

California Environmental Law & Policy Update - May 2016 #3

by Allen Matkins on

Environmental and Policy Focus - In sharp reversal, California suspends mandatory water restrictions - New York Times - May 18 - The State Water Resources Control Board (SWRCB) on Wednesday suspended its...more

Fifth Circuit Decision in Citgo Case May Place Limits on Criminal Liability Under Migratory Bird Treaty Act

On September 4, 2015, the US Court of Appeals for the Fifth Circuit reversed convictions of CITGO Petroleum Corporation and CITGO Refining and Chemical Company, L.P. (collectively "Citgo"), and in so doing placed potentially...more

Fifth Circuit Holds that Migratory Bird Treaty Act Does Not Apply to Incidental Takes - What It Means for Energy Developers

by Locke Lord LLP on

On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more

Who Can Sue Polluters? New Texas Law HB 1794 Stirs Debate

by JD Supra Perspectives on

A perspective on new Texas legislation HB 1794 by Gerald Pels one of the leaders of the Texas environmental legal community for over 30 years....more

Creative Lawyering In RCRA Criminal Action Fails to Find Favor with the Ninth Circuit

by Davis Wright Tremaine LLP on

The Resource Conservation and Recovery Act, the federal law that regulates management of hazardous waste, is complicated and compliance can be tricky... but not impossible. Our experience is that good faith efforts to comply...more

A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

by Bracewell LLP on

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have...more

Strengthening of enforcement powers under the environmental permitting regime and tackling waste crime - what changes are...

by DLA Piper on

The Department for Environment, Food & Rural Affairs ("Defra") and the Welsh Government are currently consulting on strengthening the powers of the regulators in respect of those facilities which operate under environmental...more

Enforcement undertakings may be available for environmental permitting offences as early as 6 April 2015

by DLA Piper on

On 15 December 2014, the Government laid draft Regulations before Parliament which introduce enforcement undertakings in respect of environmental permitting offences. Subject to Parliamentary approval, the draft Environmental...more

SHE Matters - Winter 2014/2015

by DLA Piper on

In This Issue: - Fee For Intervention – Is It Set To Stay? - How To Protect Brand Reputation And Sales From The Risks Associated With A Product Recall - Review Of The Proposed Changes In The Sentencing Of Health...more

What Is A Bird Worth To A Regulator?

by Gray Reed & McGraw on

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

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

by Davis Wright Tremaine LLP on

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

Migratory Bird Treaty Act Concerns Extend to Solar Plants

by Davis Wright Tremaine LLP on

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

Notice of Adoption of Local Law 2 of 2013, Town of Ovid, Seneca County, N. Y.

by Steven Getman on

Notice of Adoption of Local Law 2 of 2013 Town of Ovid Seneca County, N. Y. NOTICE IS HEREBY GIVEN that after a public hearing duly held in the Town of Ovid, New York (the "Town") in accordance with law, the Town Board...more

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

by K&L Gates LLP on

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

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

by BakerHostetler on

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

EPA Releases 2012 Enforcement Results

Under the headline “EPA Enforcement in 2012 Protects Communities from Harmful Pollution,” the U.S. Environmental Protection Agency (EPA) on December 17, 2012, released its annual report of enforcement activities for the 2012...more

Two Federal Decisions Signal Further Expansion of Criminal Liability for Environmental Crimes

by K&L Gates LLP on

Recently, two federal courts, including the influential U.S. District Court for the District of Columbia, issued opinions in criminal environmental cases involving violations of recordkeeping requirements. Like most...more

Oops! My client had a spill – what do I do now?! By Gerald L. Hilsher

by McAfee & Taft on

Originally published in Oklahoma Bar Journal - Volume 83, No.5 - February 11, 2012. Anyone who has raised a child or represented a company in a regulated industry knows that accidents will happen. This article will...more

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