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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

D.C. Circuit Rejects Psychological Harm Theory in Deer-Culling Case

This Tuesday, the D.C. Circuit issued an opinion in No. 13-5136, Grunewald v. Jarvis, affirming the lower court’s decision that the National Park Service’s promulgation of the White-Tailed Deer Management Plan was lawful. At...more

Part 201 Revisions – Streamlining the Pathways to Closure

On January 10, 2015, Governor Snyder signed SB 891 into law, enacting revisions to Part 201 of the Natural Resources and Environmental Protection Act ("Part 201), Michigan’s environmental remediation law. The revisions cover...more

Ruling Applies RCRA to Dairy Practices for the First Time

Community Ass’n for Restoration of the Envt. v. Cow Palace, The Dolsen Companies, and Three D, Case No. 13-3016 (E.D. Wash.) On January 14, 2015, Judge Thomas O. Rice of the Eastern District of Washington ruled that...more

President Announces New Build America Initiatives; Introduces New Type of Municipal Bond

President Obama recently announced the latest steps federal agencies are taking to better incorporate private sector capital and expertise in improving the nation’s infrastructure. The announcement comes six months after the...more

Corps Issues New Compensatory Mitigation Guidelines for California

The U.S. Army Corps of Engineers, South Pacific Division, has issued its “Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines.” The Guidelines will apply in the Corps’ San Francisco, Sacramento, Los Angeles,...more

2014 New York Hydraulic Fracturing Caselaw Update

As we approach the end of 2014, it may be useful to reflect on the impact of several important court cases decided in New York this year relating to oil and gas. While the decisions have mainly been against the industry and...more

IRS Releases Guidance on Performance and Quality Standards for Small Wind Energy Property

The IRS recently released Notice 2015-4 (the Notice), which provides performance and quality standards that small wind energy property (defined under section 48(c)(4) of the Code as property utilizing a “qualifying small wind...more

White House Announces Plan to Regulate Methane Emissions from Oil and Gas Sector

On January 14, the Obama administration announced plans to reduce methane emissions from new and modified oil and gas operations as part of the president’s strategy to address climate change. The plan does not, however,...more

Model Remedies Under Washington’s Model Toxic Control Act – A Modest First Step for Impacted Soil Sites

In December 2014, the Washington Department of Ecology (“Ecology”) issued a white paper discussing the status of its work toward developing “model remedies.” In 2013, the Washington Legislature directed Ecology to establish...more

Big Developments for Oil and Well Producers Utilizing Well Stimulation Treatments

Today saw two significant developments for oil and gas operators utilizing well stimulation treatments in California. Pursuant to SB 4, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources...more

EPA to Propose Health Care Facility-Specific Regulations for the Management of Hazardous Waste Pharmaceuticals Under RCRA

EPA plans to propose new regulations this year to address the management of hazardous waste pharmaceuticals under the Resource Conservation and Recovery Act (RCRA). The agency anticipates issuing a notice of proposed...more

EPA Announces Plan for Rulemaking to Reduce Methane Emissions from the Oil and Gas Industry

Today, the Environmental Protection Agency (“EPA”) announced a new goal to cut methane emissions from the oil and gas industry. The EPA’s goal is to reduce methane emissions from the oil and gas sector by 40-45% from 2012...more

Pennsylvania’s Act 162 Creates Alternative to Riparian Buffers for Compliance with Clean Streams Law

In October 2014, the Pennsylvania legislature passed and the governor signed Act 162 of 2014, which amended the Clean Streams Law. Effective December 21, 2014, developers proposing an earth-disturbance activity near special...more

Supreme Court Denies Review of Ninth Circuit Delta Smelt Decision

On Monday, January 12, 2015, the U.S. Supreme Court denied two petitions seeking review of a Ninth Circuit decision upholding limits on water diversions from the Sacramento-San Joaquin Delta to protect the endangered Delta...more

California Energy Legislation Year in Review 2014

INTRODUCTION - In his January 2015 inaugural address, California Governor Brown called for an ambitious expansion of the State’s renewable energy goals to 50% by 2030, a policy direction that may drive the State’s...more

Prairie Dogs vs. Congress

A recent ruling by a Utah federal judge, although directed at the Endangered Species Act (ESA), may have far-reaching implications on Congress' commerce clause powers. In a first-of-its-kind ruling, U.S. District Judge Dee...more

Environmental Groups Dust Off NEPA and CEQA in Attempt to Halt Hydraulic Fracturing and Well Acidization

Municipal bans and other legislative measures to halt hydraulic fracturing and related well stimulation techniques have yielded mixed results across the country. In an attempt to halt hydraulic fracturing and acid well...more

“Final” May Be a Misnomer for California’s Final Fracking Regulations

The California Department of Conservation, Division of Oil, Gas and Geothermal Resources recently issued a “final” set of rules for regulating hydraulic fracturing in California that replace the interim rules that have been...more

Illinois Supreme Court Debates Retroactive Application of Landfill Cleanup Statute

In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of older...more

Wisconsin Supreme Court Holds Pollution Exclusion Applicable to Cow Manure Claims

In its recent decision in Wilson Mut. Ins. Co. v. Falk, 2014 WI 136, the Wisconsin Supreme Court had occasion had occasion to consider whether cow manure generated at a dairy farm, and which migrates from the insured’s...more

Unanimous Pennsylvania Commonwealth Court rules that the Supreme Court’s interpretation of Environmental Rights Amendment in...

The Pennsylvania Commonwealth Court ruled on January 7, 2015 that the Supreme Court’s interpretation of the Environmental Rights Amendment in Robinson Township, which was backed by only three justices, is nonbinding. The...more

Major Questions Remain for Implementation of China’s Strengthened Environmental Protection Law

On January 1, 2015, China’s significantly amended Environmental Protection Law (EPL) went into effect, having been adopted on April 24, 2014. A product of three years of contentious debate, the new EPL marks the first changes...more

Flemish Soil Clean-Up Rules Amendments Enter Into Force

By virtue of the Statute dated 28 March 2014 (the Statute of 2014), the Flemish Government decided to amend the existing Soil Statute of 27 October 2006 (the Statute of 2006). The modifications were published in the Official...more

Transportation Conformity Form Over Substance

A few determined environmental advocates have attempted for years to use the Clean Air Act’s strict transportation conformity rules to tie up planned highway improvements. For the most part, courts have rebuffed those...more

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