Environmental General Business

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California Ballot 2016: Pros and Cons of Props 62-67

This is part three of our ongoing series, California Ballot 2016, summarizing each of the 17 state-wide measures voters will encounter on the November ballot. Click these links: Props 51-56, or Props 57-61 to catch up on 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 Risk of a Cooperating Witness Left Out in the Cold

Last week, the Justice Department reported a guilty plea in the VW emissions scandal prosecution. By this one announcement, DOJ signaled that it is planning to build a bigger case against VW. Ironically, the Justice...more

Due Diligence For Bankable Solar PV Projects

Sharp reductions in the price of solar PV technology, dramatic technological advancement and (until recently) generous subsidies for solar PV generation have enabled developers to project reliable and attractive revenues over...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Community Health Options to Focus on Maine by Leaving New Hampshire In 2017, New Hampshire...more

In Indiana, an Absolute Pollution Exclusion May Exclude Absolutely Nothing

A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more

Doing Business in Australia

With 25 years of uninterrupted GDP growth, a robust regulatory environment and diverse, globally competitive industries, Australia remains an exceptional place to do business. As the fourth largest economy in the...more

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more

Kitty Hawk NC offshore wind leasing

The U.S. Department of the Interior has proposed leasing federal ocean space offshore North Carolina for commercial offshore wind development. On August 12, 2016, the Bureau of Ocean Energy Management announced a proposed...more

EPA Publishes Final Phase 2 Rule for GHG Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles

The U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a joint set of greenhouse gas and fuel efficiency standards for new medium and heavy-duty vehicles and...more

The End of the Wild West

Many say the Wild West ended on this day in 1895 when John Wesley Hardin was gunned down in El Paso by the town’s sheriff. Hardin was a legendary gun slinger who is purported to have gunned down over 40 men in his career. He...more

Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants. Indiana, unlike other jurisdictions, is pro-insured when...more

New Eye-Popping Statistics: Multinationals Operating in China Should be Aware of Increased Enforcement of Chinese Environmental...

Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and...more

Aerial Emissions Are Not “Disposal” Under CERCLA

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more

Unfair Competition in the Wine Industry

California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more

UK Electricity Market Reform: How far have we come?

In this note (part 3 of a series) we reflect on the Government’s continuing implementation of Electricity Market Reform (EMR), highlight key developments in 2015 and Q1 and Q2 2016, and outline EMR milestones we expect to...more

Colorado Court Applies Notice-Prejudice Rule to Pollution Buy-Back Endorsement

In its recent decision in MarkWest Energy Partners, L.P. v. Zurich American Insurance Co., 2016 Colo. App. LEXIS 956 (Colo. App. July 14, 2016), the Court of Appeals of Colorado had occasion to consider whether Colorado’s...more

Climate Change Opinions Don't Help Business; Data Do

We try to stay away from politics on the blog, so we were reluctant to take up the Sierra Club’s recent report concluding that if Donald Trump became president he would be unique among world leaders in his refusal to...more

FCPA Compliance and Ethics Report-Episode 266, Ben Locwin on people v. systems approach to compliance programs [Video]

In this episode, I visit with Ben Locwin on the different approaches in compliance around people v. systems. ...more

Federal Court Dismisses Claims Against Third-Party Administrator

The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

Prop. 65 Notices Allege BPA in Receipts, Water Cooler Jugs

Although the Prop. 65 warning requirement for bisphenol-A (BPA) took effect on May 11, only two 60-day notices have been served alleging harmful exposure to the chemical without providing a warning. Those notices, both served...more

Green Tax Incentive Compendium

Federal Tax Incentives for Renewable Energy and Energy Efficiency - A. GENERAL DESCRIPTION. The Federal Internal Revenue Code provides a business income tax credit in the amount of $0.023 (2015) per kilowatt hour of...more

"Corporations Turn to Synthetic PPAs to Reduce Energy Costs, Carbon Footprints"

Synthetic power purchase agreements (PPAs) for renewable energy have emerged in recent years as a promising opportunity for corporations to reduce and stabilize their long-term energy costs and advance their sustainability...more

Advancing Chemical Safety – Maybe the Art of Compromise Isn’t Such a Bad Thing

President Obama signed a major reform of the Nation’s chemical safety standards on Wednesday, June 22. The legislation amended the 1976 Toxic Substances Control Act, providing the first substantive changes in the 40-year old...more

Brexit: What are the likely effects of the Referendum decision on planning?

What are the likely effects of the Referendum decision on planning? The real answer is that nobody knows but planning partner Stephen Ashworth gives his views...more

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