Bob Wyman: Is Cap-and-Trade Working for California?
Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues?
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
December 18, 2014, marked the release of the U.S. Environmental Protection Agency’s (EPA) annual environmental enforcement and compliance results. See News Release, U.S. Environmental Protection Agency, EPA Announces 2014...more
Giving and Receiving: Insuring Company-Sponsored Volunteerism:
This is the time of year when we are reminded of the importance of giving. Many companies not only donate generously to nonprofits and community programs,...more
A New York federal district court recently held that a lessee will not be found liable under CERCLA as an owner where the lessee does not possess sufficient indicia of ownership. (Next Millennium Realty, LLC v. Adchem Corp.,...more
Parties in CERCLA cases continue to deal with the consequences of the Supreme Court decisions in Aviall and Atlantic Research which essentially created two classes of PRPs: (1) PRPs who entered into CERCLA settlements with...more
In This Issue:
- First AIPN Model Contract for Unconventional Resource Operations
- A Cautionary Tale: English Courts Further Depart from a
Traditional Approach to Liquidated Damages in Unaoil v...more
When buyers request that sellers warrant compliance with environmental law, sellers need to appreciate that agency interpretation or agency enforcement discretion may have played a role in the seller’s apparent ongoing...more
The Texas Supreme Court recently issued an opinion with implications for negotiating terms in power purchase agreements in the renewable energy market. In FPL Energy LLC, et al. v. TXU Portfolio Management Co., LP, the Court...more
On March 18, 2014, the U.S. Court of Appeals for the Second Circuit resolved a dispute of apparent first impression regarding the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The...more
This past June, the government of Canada announced plans to implement legislative changes to the four principle Acts which govern oil and gas activities in the Atlantic offshore and Arctic: the Canadian Petroleum Resources...more
Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more
Three years ago, Tilting told tales of oil spill legal problems suffered by Forrest Gump, Bubba Gump Shrimp Company, Wok Ann chu-gumm Seafood Restaurants, Chef Red Fishy and Bishop Carp. Tilting predicted class action...more
The U.S. District Court in San Jose recently found that the Bureau of Land Management (BLM) failed to adequately review the environmental impacts of fracking on four oil and gas leases it recently auctioned off in the...more
On December 5, 2012, the United States Environmental Protection Agency (EPA) revised its enforcement guidance regarding when tenants may be treated as bona fide prospective purchasers (BFPPs). The revised guidance addresses...more
The California Air Resources Board (CARB) proceeded today with the inaugural carbon allowance auction for its impending “cap-and-trade” greenhouse gas (GHG) emissions regulation program, despite a lawsuit filed yesterday by...more
California’s largest business lobby filed a lawsuit yesterday seeking to invalidate California’s first greenhouse gas (GHG) emissions allowance auction scheduled for today....more
It has been rumored for weeks that a Cap and Trade lawsuit was imminent. The questions were: who would file the lawsuit, when, and on what grounds? Those questions were answered, at least in part, today. The case is...more
Insurance Coverage – Stacking of Policy Limits on Progressive & Continuous Loss - California Supreme Court (August 9, 2012)
In this decision, the California Supreme Court has ruled for the first time that in a...more
In a poignant moment in Godfather III, Al Pacino’s character says: “Just when I thought I was out… they pull me back in”. EPA's recent eye-popping announcement of a $366 million encore settlement by AVX with respect to the...more
Scottsdale Indem. Co. v. Village of Crestwood, 2012 U.S. App. LEXIS 5069 (7th Cir. Mar. 12, 2012), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider the nature and...more
California’s Proposition 65 permits “private enforcers” to send Notices of Violation and bring lawsuits on behalf of the “public interest” where they purport to find trace amounts of banned chemicals at elevated levels in...more
On April 4, the Washington Court of Appeals issued its decision in Unigard Insurance Company v. Mutual of Enumclaw Insurance Company. The case pertains to the scope of damages that may be assessed for an insurer’s bad faith...more
The Delaware Chancery Court rejected a defendant's fraud in the inducement defense where, at the summary judgment stage, the defendant (a) failed to come forward with specific facts showing that the counterparty knowingly...more
In the past couple of years, the New Jersey Department of Environmental Protection (“NJDEP”) filed more than 100 lawsuits against companies seeking compensation for restoration of damages to natural resources caused by the...more
In an important decision further clarifying the application of the “sudden and accidental” pollution exclusion and the absolute pollution exclusion as it applies to pollution of a “watercourse or body of water,” the...more
The Massachusetts Supreme Judicial Court (SJC) has held that a parent corporation is not liable under M.G.L. c. 21E, the Massachusetts Superfund law, for the liability of a subsidiary that the parent did not own or control at...more
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