Environmental General Business

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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Carbon Markets and Renewable Energy Update (Australia): Insights from Inside the Paris Climate Negotiations - Remaining Challenges...

As the government teams at COP21 in Paris go into overdrive, the temperature is beginning to rise in the negotiations and while all hopes are firmly set on a successful outcome, there is a considerable way to go on a number...more

Sustainability in Retail: Going Strong and Expected to Continue

The COP21 meeting has been underway for the last week, with just a few more days left to go. The meeting, an annual session which started following the 1992 United Nations Framework on Climate Change, brings together...more

Hot Tips for a Tenant to Green its Space

Companies of all shapes and sizes ranging from office and commercial tenants to those in the retail sector continue to look for ways to ensure their spaces are as “green” as possible – especially in today’s climate with a...more

In Deepwater Horizon Insurance Coverage Dispute, Fifth Circuit Affirms Favorable Ruling For Policyholders And Certifies Unfair...

In the latest development in the insurance coverage litigation arising out of the Deepwater Horizon oil spill, the U.S. Court of Appeals for the Fifth Circuit affirmed a $50 million finding of coverage, holding that only the...more

“Constituents Of Chaos” – Administrative Appellate Decision Confirms Bureau Of Safety And Environmental Enforcement Jurisdiction...

“Constituents Of Chaos” – Administrative Appellate Decision Confirms Bureau Of Safety And Environmental Enforcement Jurisdiction Over Offshore Contractors The classification of the constituents of a chaos, nothing less is...more

Deepwater Horizon Update: Fifth Circuit Rules in Favor of Cameron on Insurance Issues

The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion ruling in favor of Cameron International Corporation and certifying a question to the Texas Supreme Court on issues arising out of an insurance...more

Brother Can You Spare Some (Compliance) Advice?

Usually I have Houston professional sports teams to hold high as example of true bone headedness around compliance issues. However, as my beloved Houston Astros took the World Series Champions, KC Royals, to the 7th inning of...more

Another Season of Change in North Carolina Environmental Law - Part II

As discussed in Part I of our environmental legislative update published on November 12, 2015, the 2015 North Carolina legislative session resulted in a great deal of change for the state’s environmental programs....more

China Regulatory Enforcement Quarterly - Q3 2015

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

New Ozone Standard: Better Than it Could Have Been, But Creates Uncertainty for Industry

EPA has issued a final rule tightening the primary ozone national ambient air quality standard (“NAAQS”) down to 70 ppb from the 75 ppb limit established in 2008. The new NAAQS takes effect on December 28, 2015 (despite the...more

New California Energy Use Disclosure Program for Commercial and Multifamily Buildings Approved

Current Disclosure Requirements for Building Owners and Tenants Repealed - A complicated energy reporting requirement for owners and tenants of commercial and multifamily buildings is ending under a new law that takes...more

Laminate Flooring and Chinese Drywall: Where Are We Now?

On March 1, 2015, television news magazine “60 Minutes” aired a report concluding that Chinese-manufactured laminate flooring sold by Lumber Liquidators contained and “off-gassed” formaldehyde at levels exceeding health and...more

DONG Energy proposes Massachusetts offshore wind farm

A subsidiary of Danish energy company DONG Energy has proposed an offshore wind development to be located in federal waters off the Massachusetts coast. The "Bay State Wind" project would be a utility scale offshore wind...more

Compliance with the Clean Air Act Increasingly Unlikely to Protect Companies from Nuisance Suits

A recent decision out of the Sixth Circuit found that the Clean Air Act (“CAA”) does not preempt common law claims brought against an emitter based on the law of the state in which the emitter operates. This decision, Merrick...more

US auctions NJ offshore wind sites

The U.S. Department of the Interior has auctioned the rights to lease nearly 344,000 acres offshore New Jersey for potential offshore wind energy development. Under federal law, the Department of the Interior's Bureau...more

CERCLA Update: Court Reverses Divisibility Ruling

Earlier this year, we reported on a case that seemed to breathe new life into the divisibility defense under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  Under CERCLA, a party that...more

Renewable Energy and Climate Change Update

International negotiations on climate change have been ramping up. It is looking increasingly likely that a new global treaty on climate change will be concluded by the end of the year in Paris. Based on the current state...more

Environmental Notes - October 2015

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

Waste on land: a warning for landowners

Fly-tipping continues to cause problems for businesses, governments and communities. Defra recently assessed the number of fly-tipping incidents during 2014-2015 at around 900,000 in England alone.1 It comes as a surprise to...more

TSCA 101 for Importers: Good Faith is No Defense to Faulty Compliance Certification

The Toxic Substances Control Act (TSCA) regulates the manufacture, use, disposal, and import of chemical substances in the United States. By defining the term “manufacture” to include the term “import,” TSCA places the...more

EPA Proposes Revisions to Hazardous Waste Import-Export Rules

On October 19, 2015, the United States Environmental Protection Agency (EPA) proposed significant modifications to rules governing the export and import of hazardous waste. The proposal would affect transboundary shipments...more

Third Circuit Holds That Terms of Insurance Policy Renewal 'Must be the Same or Nearly the Same as the Initial Contract'

Recently, in a case involving the interpretation of a Pollution and Remediation Legal Liability Policy (the “Policy”), the U.S. Court of Appeals for the Third Circuit held that “for a contract to be considered a renewal, it...more

Changes in Environmental Due Diligence in Commercial Real Estate Prevent Toxic Investments

Financial due diligence in a commercial real estate purchase is a necessity, but equally important to purchasers and lenders is environmental due diligence. Many properties may have environmental issues from prior use, and...more

Focus on Government: Canadian Federal Election 2015

With polls now closed and the longest federal campaign in recent Canadian political history officially over, a Liberal government is the new reality for Canada. In winning the election, the Liberals become the first...more

Energy Insights: An Update from the Third Quarter of 2015

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q3 2015 for the energy industry including 1) the latest initiatives from the Environmental...more

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