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
The Koontz Decision: Limits Conditions a Government can Impose on Developers
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have...more
The Department for Environment, Food & Rural Affairs ("Defra") and the Welsh Government are currently consulting on strengthening the powers of the regulators in respect of those facilities which operate under environmental...more
Senate Bill No. 445 ("SB 445"), signed into law by California Governor Brown late last year, makes several significant changes to the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 ("The Fund Act"). The...more
In This Issue:
- Fee For Intervention – Is It Set To Stay?
- How To Protect Brand Reputation And Sales From The Risks Associated With A Product Recall
- Review Of The Proposed Changes In The Sentencing Of Health...more
We previously reported on the federal criminal and State of Ohio enforcement actions arising from the release of tens of thousands of gallons of hydraulic fracturing waste into a Youngstown, Ohio, area tributary by Hard Rock...more
A federal court in Ohio has handed down a 28-month prison sentence and imposed a $25,000 fine for dumping fracking waste in violation of the Clean Water Act....more
In this high-profile criminal prosecution of XTO Energy by the Pennsylvania Office of Attorney General, the scope of corporate criminal liability for the actions of third parties is likely to take center stage later this year...more
What is a wild bird worth? Does it matter whether it is a Bald or Golden Eagle, of which here are few, or ducks and pelicans, of which there are enough (as least the ducks) so that hunters may shoot them for dinner. Does it...more
Timing of Rule’s Publication is Another Indication of Renewed Focus on Avian Compliance Risk at Wind Farms -
Today, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule extending the maximum term for...more
The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S....more
On November 22, 2013, the Department of Justice announced its first prosecution of a wind farm operation for violations of the Migratory Bird Treaty Act (MBTA), a criminal statute governing take of over 1000 species of birds....more
On Monday, October 28, 2013, the Clean Water Action national environmental organization (“CWA”) filed a federal civil lawsuit against Waste Treatment Corporation for the alleged illegal disposal of hundreds of thousands of...more
Attorney General Kathleen Kane’s recent actions concerning the application of strict liability criminal offenses under Pennsylvania’s environmental laws present a new challenge for the oil and gas industry in Pennsylvania....more
The Migratory Bird Treaty Act (MBTA) has a famously broad scope, outlawing the taking of over 1000 species of birds, ranging from hummingbirds to robins and crows. It is also a criminal statute, although most violations are...more
The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more
On March 20, 2013, the New Hampshire Supreme Court issued a decision in State v. Guay, holding that the defendant’s unlawful operation of a solid waste facility or septic system can result not just in civil fines, but also in...more
Early last week, we covered the response of Ohio regulators to an alleged release of hydraulic fracturing waste into a Youngstown, Ohio area tributary by Hard Rock Excavating (Hard Rock), an affiliate of oil and gas player...more
A release of approximately 40,000 gallons of oil and gas operations waste into a Youngstown, Ohio area storm drain flowing into the Mahoning River is igniting a call for tighter regulatory oversight and more transparent...more
Shortly before the end of the year, EPA released its annual review of its civil and criminal enforcement results for the Fiscal Year 2012....more
In the first ever criminal prosecution associated with fraudulently generating renewable fuel credits known as Renewable Identification Numbers (RINs), on June 25, 2012, a jury in the U.S. District Court for the District of...more
After pleading guilty to felony violations of the Clean Air Act (CAA) and obstruction of justice in October 2011, Pelican Refining Company LLC, a Texas oil company operating in Lake Charles, LA, was sentenced to a $10 million...more
The former mayor of Stover, Missouri, was sentenced in December 2011 to 10 years of probation and five months of home confinement, 30 days in a halfway house, and a $10,000 fine on charges related to violations of the Safe...more
The U.S. Environmental Protection Agency (EPA) today issued Notices of Violation of the Clean Air Act to parties who used Renewable Identification Numbers (RINs) generated by Clean Green Fuel LLC to satisfy their compliance...more
On May 3, 2011, the Environmental Protection Agency, the Department of Justice and the Department of Transportation’s PHMSA announced the penalty assessed against BP Exploration Alaska, Inc. for its crude oil spill in March...more
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Environmental lawyers and environmental crimes....more
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