Environmental General Business

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Should Watersheds Have Standing? Should Corporations?

In his seminal essay in 1972, Christopher Stone famously asked “Should Trees Have Standing?” Apart from Justice Douglas’s dissent in Sierra Club v. Morton, the idea has never gained much traction, at least in United States...more

OSHA Strengthens Local Emphasis on Hazardous Chemical Compliance

Omaha Area Director of the Occupational Safety and Health Administration (OSHA) recently announced a brand-new local emphasis program that will introduce regular health inspections at funeral homes, product and chemical...more

Beveridge & Diamond Secures Favorable CARB Determination in Offset Investigation for U.S.’s Largest GHG Offsets Provider

Attorneys in Beveridge & Diamond’s San Francisco office recently helped the largest developer of greenhouse gas (GHG) offset credits in the U.S., Environmental Credit Corp. (ECC), secure a favorable determination from the...more

Wait for the "Green" Light Before Making Environmentally Friendly Claims

Consumers increasingly pay a premium for environmentally friendly products. As a result, companies are expanding their green marketing claims regarding products and packaging. Those companies may find themselves under...more

Green Sukuk: Financing the Gulf Region’s Renewable Energy Infrastructure

In this lw.com interview Latham & Watkins partner Harj Rai and associate Lee Irvine discuss how an issuance of green sukuk would allow Islamic investors, for the first time, access to ethical and socially responsible...more

What does the agreement between the United States and China to reduce their greenhouse gas emissions mean to 'Joe Industry'?

All media outlets are discussing a groundbreaking agreement between the United States and China to reduce their greenhouse gas (GHG) emissions. Under the agreement, the United States promised to cut net greenhouse gas...more

NYC Pension Fund Submits 75 Proxy Access Proposals

New York City Comptroller Scott M. Stringer, on behalf of the $160 billion New York City Pension Funds, has submitted proxy access shareowner proposals to 75 companies. The proposals request a bylaw to give shareowners who...more

Energy Newsletter - November 2014

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

EPA Reverses Course on Malfunctions

EPA proposes eliminating all startup, shutdown and malfunction affirmative defense provisions from SIPS. On September 17, 2014, the United States Environmental Protection Agency (EPA) issued a supplemental notice of...more

IRS Rules That Some Basis in Solar System Must Be Allocated to Structural Functions

On October 31, the IRS released Private Letter Ruling 201444025, which was addressed to a manufacturer of solar systems that are mounted on real estate. The nature of the real estate, along with many other interesting facts,...more

Proving An Operator’s Gross Negligence: Is Intention Required?

Establishing an operator’s gross negligence requires “a degree of intentionality”, the Alberta Court of Queen’s Bench recently held in Bernum Petroleum Ltd v Birch Lake Energy Inc, 2014 ABQB 652 [Bernum]....more

Continued boom or bust for Japanese renewables?

When Japan instituted the Renewable Energy Act (REA) in 2012, the stated policy was to encourage the development of renewable energy but to avoid the “boom and bust” cycles seen in other countries. Looking back, there is no...more

Regulation of GHG Emissions Becomes Real: Hyundai and Kia Settle For $350 Million

If readers have been wondering when GHG regulation would truly feel real, EPA may have delivered the answer yesterday, with its announcement of a $350 million settlement with Hyundai and Kia over allegations of violations of...more

DOE Announces Technology Transfer Opportunity For Small Businesses

The U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) issued an announcement for its Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs,...more

Boeing And The Commercial Aircraft Corporation Of China Open Aviation Biofuel Pilot Project

On October 22, 2014, Boeing and the Commercial Aircraft Corporation of China (COMAC) opened the China-U.S. Aviation Biofuel Pilot Project, a demonstration facility that will turn used cooking oil into aviation biofuel at a...more

Africa Energy Update

The latest news on legal and regulatory developments in Africa’s energy sector. This first Africa energy update focuses on East Africa, a region of growing potential for sector participants. Future updates will focus on other...more

BC Greenhouse Gas Industrial Reporting and Control Act Passes Second Reading

On October 20, 2014, the Greenhouse Gas Industrial Reporting and Control Act (Bill 2) (hereinafter the Bill) was introduced, and on October 29, 2014, the Bill passed second reading in the British Columbia Legislative...more

México Projects Part VI: Package of Laws and Regulations in Respect of the Mexican Energy Reform Secondary Laws Published

This client alert is a follow-on to our client alerts on the Mexican Energy Reform relating to the publication of the laws relating to the Mexican Energy Reform, and the rules and regulations under the secondary legislation...more

Preserve and Protect: Sarbanes-Oxley Meets Environmental Law

On November 5, 2014, the United States Supreme Court will address the scope of the Sarbanes-Oxley “anti-shredding” law. The interpretation of this somewhat mundane provision may significantly affect how environmental data and...more

New York Supreme Court Pro Rata Allocation for MGP Sites on Long Island Clarifies Self-Insured Periods

A New York State trial court judge applied a pro rata time on the risk allocation for pollution from manufactured gas plants on Long Island. Keyspan Gas East Corp. v. Munich Reinsurance America, Inc.,Index No. 604715/1997,...more

EPA Advocacy Can Add Value to a Manufacturer’s Bottom Line

Whether you’re manufacturing widgets or rubber bands, paper products or cheese, one thing most manufacturers have in common is being subject to various regulations by the Environmental Protection Agency (EPA). Manufacturers...more

Japan's FIT: Flying Too Close To The Sun?

Spurred to action by the 2011 Fukushima nuclear meltdown, Japan's Parliament seized on popular antinuclear sentiment and passed sweeping legislation to encourage the development of the nation's renewable energy resources. The...more

Tenant Who Sublets A Superfund Site Is Not Likely To Be A CERCLA Liable Party

It is generally the rule that a lessee who does not operate the property it rents will not be liable under CERCLA except in the unusual circumstance where the lessee qualifies as an “owner” of the property. Typically, this...more

Mexico’s Guidelines for Clean Energy Certificates Will Support Renewable Energy Development

As part of a historic restructuring of its electrical power sector, Mexico will create a market for tradable Clean Energy Certificates, which many industry participants will be required to obtain. Draft guidelines proposed by...more

Commercial Organics Ban Takes Effect

The Commercial Organics Ban, which took effect on October 1, 2014, is the latest effort by MassDEP to achieve the state’s solid waste management goal of reducing waste disposal by 30% by 2020. MassDEP estimates that organics...more

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