Environmental General Business

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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Does Your Toxic Release Inventory Make You a Target for Enforcement?

Summary: The U.S. Environmental Protection Agency’s Office of the Inspector General is examining the Agency’s usage of Toxic Release Inventory data to evaluate companies’ compliance with surface water discharge permitting...more

Environmental Compliance Basics - The Emergency Planning and Community Right to Know Act

Does your business use or handle chemicals? If so, then read on. EPA recently released its 2015 enforcement report, noting thousands of enforcement cases, tens of thousands of inspections, and hundreds of millions of...more

Prog Rock Week – Part V: Pink Floyd and VW’s Trip the Dark Side of the Moon

There is no dark side of the moon really. Matter of fact it’s all dark.” If you went to college in the 70s or 80s (or maybe even the 90s) you know what the next album is, Pink Floyd’s Dark Side of the Moon. For in the...more

Selling Property “As Is” Won’t Protect Seller From Superfund Liability

Everyone is familiar with the two little words - “as is” - that pop up in real estate contracts. The “as is” clause is a means of allocating risk between seller and buyer. Generally, a seller who sells property “as is” will...more

Prog Rock Week – Part I: Tribute to Keith Emerson and Expansion of VW Investigation

Welcome back my friend; To the show that never ends. Except it did last week, when Keith Emerson died. He was the Emerson in Emerson, Lake & Palmer aka ELP. Emerson was one of the greatest keyboardists of his or any...more

Maine solar legislation released

The Maine legislature has printed a bill whose enactment would reshape the state's solar energy laws. The bill, An Act To Modernize Maine's Solar Power Policy and Encourage Economic Development, has been numbered as LD 1649....more

Dunes Sagebrush Lizard Decision Upholds Importance of Conservation Agreements

On March 1, the oil and gas industry won a significant victory when the Court of Appeals for the D.C. Circuit upheld the U.S. Fish & Wildlife Service’s (“FWS”) decision that conservation agreements supported by the industry...more

Minerals Matters - Winter 2016

Welcome to the latest edition of Minerals Matters and the first one of 2016. Last year was, on the whole, positive for the sector. We had the drama of the UK General Election and the surprisingly decisive outcome which...more

FERC Approves Termination of Generator Interconnection Agreement for Wind Project Based on Strict Interpretation of Generator...

The Federal Energy Regulatory Commission (FERC) issued an order on March 4, 2016, accepting a notice filed by Midcontinent Independent System Operator, Inc. (MISO) which has the effect of terminating a Generator...more

Moody’s Joins Effort to Standardize Green Bond Market

The municipal green bond market is in its infancy. For it to achieve scale and widespread recognition, a process for verifying whether a bond is “green” is needed so the market can fairly judge the merits of each green bond...more

Lead in Drinking Water: Insurance Coverage Issues

The tragic water crisis in Flint, Michigan raises grave concerns as to the lurking hazards posed by our nation’s aging infrastructure. There are an estimated six million lead service lines in operation in the United States. ...more

California Adopts Additional Phthalate Proposition 65 Safe Harbor Limit - Agency Rejects Calls for Higher (and Lower) Limit

California’s Office of Administrative Law has amended the list of regulatory safe harbor levels under Proposition 65 to include the chemical diisononyl phthalate (DINP), setting the limit at 146 micrograms per day...more

Ontario Announces Climate Change Mitigation and Low Carbon Economy Act and the Cap-and-Trade Program Regulations

The Ontario government (Government) has taken significant steps in its fight against climate change by introducing two significant pieces of climate change legislation: - The Climate Change Mitigation and Low Carbon...more

ICAO Bans Bulk Shipments of Lithium Batteries as Cargo on Passenger Aircraft

On February 22, 2016, the International Civil Aviation Organization (“ICAO”) Council announced an interim ban on bulk shipments of lithium ion batteries as cargo on passenger aircraft. The ICAO Council adopted this new...more

The VW Scandal: Crisis and the CCO

One of the areas where my thinking has evolved in the compliance arena is around the area of reputational damage. Of course commentators, such as Andrea Bonime-Blanc, have written and spoken about preventing damage to a...more

All Sides Agree on Maine’s Replacement of Net Energy Metering

Maine appears poised to replace its net-energy metering (NEM) program with new legislation that is projected to increase the state’s solar photovoltaics (PV) penetration by over 12 times the current installed capacity by...more

China Approves Final Standard on GHS Codes and Hazard Statements

China’s Standards Administration (SAC) has approved a recommended national standard that describes the phrases and hazard codes labels must carry. It comes into effect on January 1, 2017. The standard, GB/T 32374-2015: Phrase...more

Arizona Court Holds Pollution Inapplicable to Faulty Plumbing Claims

In its recent decision in Nat’l Fire Ins. Co. v. James River Ins., 2016 U.S. Dist. LEXIS 19076 (D. Ariz. Feb. 16, 2016), the United States District Court for the District of Arizona had occasion to consider the application of...more

China RoHS II v. EU RoHS II – What’s the Difference?

China’s new Restriction of the Use of Hazardous Substances in Electrical and Electronic Products (RoHS II) regulation was issued on January 21, 2016 and is set to enter force on July 1, 2016. One of the main changes from...more

Energy Sector Alert Series: Modern Compliance Programs in an Age of New Threats

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

How Secure is that Government Order? Recent Case Law Says Not Very

Many manufacturers have found themselves in the position of negotiating an order with an environmental agency over environmental conditions at a site. Oftentimes, these orders are the result of extensive negotiations, and...more

CCLD Explains Indemnification For Assumed Contractual Liabilities

This is an important decision because it explains the specificity with which provisions indemnifying a party for liabilities under a separate contract must be stated. In this case, Glencore, which had sold an aluminum plant...more

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30...more

Construction news round-up

Our construction news round-up covers a range of regulatory, industry and contractual issues that affect UK construction businesses....more

Energy Newsletter - February 2016

Middle East PPP Policy Developments: Kuwait and Dubai - Introduction - In a climate of falling oil prices and tightening government budgets, several states in the Gulf Cooperation Council region (GCC) are looking...more

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