Zoning, Planning & Land Use, Commercial Law & Contracts, Environmental Law

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

by Stephen Blazick, Daniel Dixon, Lee Zoeller | Reed Smith on 5/17/2013

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

Changes to First Nations Consultation in Alberta

by Wally Braul, Kelly Bray, David Macaulay, Shawn Munro, Cassia Prentice | Bennett Jones LLP on 5/13/2013

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more

DISPUTE RESOLUTION: Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land

by King & Spalding on 5/10/2013

Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more

Climate Change Legal Work: Changing The Paradigm Does Not Come Easily

by J. Wylie Donald | McCarter & English: Climate Change &... on 5/9/2013

I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry. The Ah Hah moment was at hand. The President’s promise at his inauguration and then again at the State of the...more

Part II - How Will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 5/3/2013

As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission...more

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

by Fernando Avila, Lucas Quass | Best Best & Krieger LLP on 4/24/2013

In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

by Kevin Hogan | Phillips Lytle LLP on 4/23/2013

In 2008, then-Governor David A. Paterson directed the New York State Department of Environmental Conservation (DEC) to supplement its environmental impact review of oil and gas exploration in New York to consider the...more

Earth Matters - April 2013

by Kimberly Barnashuk, Jennifer Dougherty, Patrick Fitzgerald, Morgan Graham, Kevin Hogan, Susan Marriott, Donald Ross, Adam Walters | Phillips Lytle LLP on 4/19/2013

In This Issue: - Making Solar Power More Affordable for New Yorkers - Fracking Moratorium Leads to Termination of Oil and Gas Leases - New Water Withdrawl Permit Requirements - Update on Federal Trade...more

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

by Tyler Welti | Perkins Coie on 4/18/2013

On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more

Ninth Circuit Orders Endangered Species Act Case To Be Reheard En Banc

by Ashley Remillard | Nossaman LLP on 3/7/2013

On March 5, 2013, the United States Court of Appeals for the Ninth Circuit ordered Natural Resources Defense Council v. Salazar, 1:05-cv-01207, to be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and...more

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

by Thomas Hogan, Christopher Marraro | BakerHostetler on 2/18/2013

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Brownfield Tenants Gain CERCLA Liability Protection

by Bruce Flushman | Wendel, Rosen, Black & Dean LLP on 1/15/2013

Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the EPA...more

Antidumping and Countervailing Duty Actions

by David Robinson | Nexsen Pruet, PLLC on 1/14/2013

Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. The US Government has prioritized the protection of domestic industries impacted...more

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

by Ronald Farley | Burr & Forman on 1/11/2013

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

Earth Matters - October 2012

by Morgan Graham, Kevin Hogan, Susan Marriott, Inshirah Muhammad, Thomas Puchner, Adam Walters | Phillips Lytle LLP on 11/1/2012

In This Issue: - Updated Siting Process for Power Plants in New York - Sustainability in Leasing Series – Part I: The Green Rider - Sustainability in Leasing Series – Part II: The Green Lease Policy Statement &...more

New CEQA Decision Provides Guidance and Caution in Agency Actions Approving Water Supply Contracts

by Kronick, Moskovitz, Tiedemann & Girard on 10/18/2012

In a decision handed down October 4, 2012, the Third District Court of Appeal has held that El Dorado Irrigation District’s approval of a water supply contract to provide increased water entitlements to the Shingle Springs...more

Massive San Diego Desalination Plant Takes Major Step Forward

by Peter Bauman - Senior Associate at Tharpe &... on 10/18/2012

The San Diego County Water Authority (SCWA) has negotiated a proposed agreement with a private developer under which it will purchase at least 48,000 acre-feet of desalinated water per year for 30 years, from a Carlsbad...more

Settling Water-Based Superfund Liabilities -- A Toxic Brew

by Foley Hoag LLP - Environmental Law on 10/11/2012

In a poignant moment in Godfather III, Al Pacino’s character says: “Just when I thought I was out… they pull me back in”. EPA's recent eye-popping announcement of a $366 million encore settlement by AVX with respect to the...more

Commercial Real Estate Transactions - Part XI

by Schecter Law on 9/25/2012

Does the radon gas disclosure have to be given to a buyer where the transaction involves the sale of vacant land? Pursuant to Florida law, the radon gas disclosure is not required for transactions involving unimproved...more

DEP Streamlines Process for Implementing Restrictive Covenants Required for Cleanup Closure With Conditions

by Carlton Fields on 9/1/2012

In June 2012, the DEP released a new revision to its Institution Controls Guidance Procedures document, which substantially streamlines the approval process associated with implementation of restrictive covenants required to...more

Upstate New York Landowners Can Renegotiate Natural Gas Leases Under New Agreement

by Steven Getman on 6/20/2012

Attorney Steven Getman reports that Chesapeake Appalachia, L.L.C. will allow over 4,400 landowners who were locked into potentially unfavorable natural gas leases the opportunity to renegotiate with the energy company. As...more

Seller's Guide for Environmental Due Diligence

by Miller Canfield on 6/14/2012

As a follow-up to the article that appeared in our February 2012 Global Automotive Newsletter, "Purchaser’s Guide for Conducting Environmental Due Diligence," this Seller’s Guide will discuss several due diligence tips that...more

The Shale Play Today - April 2012

by Spilman Thomas & Battle, PLLC on 5/1/2012

In This Issue: - USEPA Issues New Air Regulations for Oil and Gas Industry - Pa. Supreme Court Endorses Subjective Test in Jedlicka - Update on Pa. Municipality Act 13 Lawsuit - Morgantown, W.Va. Works Around...more

CEQA Limitations Period Tolling Agreements Upheld By First District Court of Appeal

by Miller Starr Regalia on 4/30/2012

Rejecting intervenors’ challenges to a pre-litigation tolling agreement between a CEQA plaintiff (Salmon Protection and Watershed Network, or “SPAWN”) and Marin County, in an action challenging the EIR for a countrywide...more

North Slope Settlement Likely to Jump Start “LNG-centric” Alaskan Natural Gas Pipeline Project

by Davis Wright Tremaine LLP on 4/16/2012

On March 30, 2012, Alaskan Governor Sean Parnell announced that the state had settled a seven-year battle with North Slope producers’ ExxonMobil, ConocoPhillips and BP over whether the leases for the Point Thomson oil and gas...more

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