Addressing Environmental Issues in Real Estate Development
Aboveground Storage Tanks: Where Are We Now?
Vapor Intrusion: New Rules by the EPA
Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The Koontz Decision: Limits Conditions a Government can Impose on Developers
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct environmental violations may be entitled to penalty mitigation and other incentives. EPA...more
Sometimes new regulations come out of nowhere. And sometimes it is just a matter of time. Last week’s unveiling of the Bureau of Safety and Environmental Enforcement’s (“BSEE”) offshore blowout preventer and well control...more
The U.S. Environmental Appeals Board (EAB) issued an opinion this month that sheds light on section 8(e) of the Toxic Substances Control Act (TSCA); specifically, the applicability of the “continuing violations doctrine” to...more
Solar power panels on residential rooftops are an increasingly common sight these days. But the legal mechanics behind the development and delivery of solar power to consumers can be complex.
There are several alternative...more
A recent appellate case addressed the issue of minor problems and deficiencies in an Environmental Impact Report (“EIR”) and whether they were prejudicial errors that amounted to defects in the approval process required for a...more
A question I often am asked is “What can and should our company do when it receives an information request from EPA or an EPA inspector shows up unannounced at one of our facilities?” This is an excellent question in light...more
The City of Los Angeles took another step towards granting exclusive franchises for commercial trash hauling within the City, franchises that would also cover large apartment complexes. Under a plan approved by two City...more
The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims.
The Green Guides are...more
Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012.
Referred to as the “Safer Consumer Product...more
What does pro football in the City of Los Angeles have to do with affordable housing?
According to a coalition of community activists, the decision to build a stadium in downtown LA for an NFL franchise “would create a...more
In This Issue:
- FERC Approves First Commercial Wave Energy Project
- Benefit Corporation Legal Structure Utilized by Companies Focused on Renewable Energy
- Massachusetts Provides Additional Policy Support for...more
Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session.
Three bills related to solar energy and...more
Federal agencies in Washington D.C.and the State of California have been concurrently developing plans to allow development and permitting of utility scale solar energy plants on public lands.
The US Department of the...more
California, the world’s fifth-largest economy and 18th in total carbon emissions if it were a separate country1, is rapidly moving forward with the development of its cap and trade program scheduled to be implemented in 2013....more
A variety of tax proposals are now under consideration in the U.S. that, if enacted, could help to stimulate investment in U.S. renewable energy projects.
One proposal would expand the beneficial tax attributes of...more
Natural gas is easily one of the most important areas of energy-related matters in the United States. In this video, McNees attorney James P. Dougherty provides an overview of Marcellus Shale and its significance in the...more
Washington Governor Christine Gregoire signed into law SHB 2239, a bill amending the Washington Business Corporation Act (“WBCA”) to authorize the use of social purpose corporations, effective June 7, 2012. Washington follows...more
The Court answered two questions in its ruling: (1) a corporate entity is not subject to a heightened standard in determining whether it has "standing" to bring a lawsuit under CEQA; and (2) the City of Manhattan Beach was...more
A federal district court has sided with the Sierra Club in a nearly four-year battle over approvals issued by the Rural Utilities Service (RUS) to a Kansas electric cooperative. The approvals—which were given pursuant to a...more
In this issue: Message From The Chair; RMF Successfully Opposes Joint-Venture Allegations; On The Horizon: The Battle Over Hydrofracking; and Practice Pointer: Find Your Own ”Headless Body Found in Topless Bar”.
It will soon be one year since the April 20, 2010, explosion on the Deepwater Horizon drilling rig in the Gulf of Mexico. The resulting oil spill (the Gulf spill) has been the subject of multiple investigations and analyses....more
On January 1, 2011, a new Air Resources Board (CARB) regulation takes effect to minimize leaks of refrigerants typically used by supermarkets and grocery stores, food and beverage processors, cold storage warehouses, hotels...more
Steel producer Allegheny Ludlum will pay a $1.6 million civil penalty for alleged Clean Air Act violations at its Natrona plant in Allegheny County, Pennsylvania, under the terms of a proposed Consent Decree lodged in federal...more
The General Duty Clause (“GDC”) codified in Section 112(r) of the Clean Air Act (42 U.S.C. §§ 7401-7671) (“CAA”) has received national attention in the past year due to significant monetary penalties being imposed on...more
With more than 5,000 barrels of oil a day pouring into the Gulf of Mexico, this might be the first time in history that an oil spill causes a flood. In this case, however, the flood will not be of crude, but of lawsuits....more
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