Environmental Zoning, Planning & Land Use Criminal Law

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A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

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

Strengthening of enforcement powers under the environmental permitting regime and tackling waste crime - what changes are...

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

Enforcement undertakings may be available for environmental permitting offences as early as 6 April 2015

On 15 December 2014, the Government laid draft Regulations before Parliament which introduce enforcement undertakings in respect of environmental permitting offences. Subject to Parliamentary approval, the draft Environmental...more

SHE Matters - Winter 2014/2015

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

What Is A Bird Worth To A Regulator?

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

U.S. Fish & Wildlife Service Issues Rule Extending Terms of Permits for Incidental Eagle Take to Thirty-Years

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

For the First Time, U.S. Extends MBTA Enforcement to Renewables

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

Migratory Bird Treaty Act Concerns Extend to Solar Plants

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

Notice of Adoption of Local Law 2 of 2013, Town of Ovid, Seneca County, N. Y.

Notice of Adoption of Local Law 2 of 2013 Town of Ovid Seneca County, N. Y. NOTICE IS HEREBY GIVEN that after a public hearing duly held in the Town of Ovid, New York (the "Town") in accordance with law, the Town Board...more

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

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

Discharge of Drilling Waste in Ohio Triggers Civil and Criminal Enforcement Actions; Heightens Scrutiny of State Regulatory...

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

EPA Releases 2012 Enforcement Results

Under the headline “EPA Enforcement in 2012 Protects Communities from Harmful Pollution,” the U.S. Environmental Protection Agency (EPA) on December 17, 2012, released its annual report of enforcement activities for the 2012...more

Two Federal Decisions Signal Further Expansion of Criminal Liability for Environmental Crimes

Recently, two federal courts, including the influential U.S. District Court for the District of Columbia, issued opinions in criminal environmental cases involving violations of recordkeeping requirements. Like most...more

Oops! My client had a spill – what do I do now?! By Gerald L. Hilsher

Originally published in Oklahoma Bar Journal - Volume 83, No.5 - February 11, 2012. Anyone who has raised a child or represented a company in a regulated industry knows that accidents will happen. This article will...more

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