News & Analysis as of

California Environmental Law & Policy Update - November 2015 #2

Environmental and Policy Focus: San Diego Regional Water Quality Control Board amends regional MS4 permit to provide alternate compliance: Allen Matkin - Nov 19: On Wednesday afternoon, the San Diego Regional Water...more

San Diego Regional Water Quality Control Board Amends Regional MS4 Permit to Provide Alternate Compliance, Define Prior Lawful...

On Wednesday, the San Diego Regional Water Quality Control Board approved amendments to its regional National Pollutant Discharge Elimination System ("NPDES") permit, Order No. R9-2013-0001, regulating discharges from large...more

New Mining Code in Gabon to Give a Major Boost to Investments

“Gabon remains unexplored” is the conclusion of the Société Equatoriale des Mines (“SEM”), a wholly-owned State company created in 2011 to facilitate the development of the country’s natural resources. Developing the mining...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

Are Regulatory Delays Exacerbating Drought Conditions?

As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year,...more

AASHTO Launches BATIC Institute to Support Innovative Financing Solutions

Last month, the United States Department of Transportation (USDOT) formally unveiled its Build America Transportation Investment Center (BATIC). BATIC’s mission is to: - Expand the use of federal transportation credit...more

Pennsylvania Federal Court Strikes Down Ordinance Banning Disposal of Wastewater as Unconstitutional

In Pennsylvania General Energy Co. L.L.C. v. Grant Township, Magistrate Judge Susan P. Baxter of the United States District Court for the Western District of Pennsylvania, in an unpublished opinion, held that several...more

UK government introduces enhanced enforcement powers for environmental permitting breaches

Earlier this month the government published its response to a consultation on proposals to enhance regulators’ enforcement powers to deal with environmental permitting breaches. Simultaneously, the government has published...more

Changes of licensing rules

On 19 October 2015, the President of Azerbaijan took a much awaited step which should improve the business climate in Azerbaijan. The President issued a decree on the Decrease of the Number of Types of Special Permits...more

PHMSA Proposes to Expand the Requirements for Pipelines Carrying Hazardous Liquids

The rules would add gathering lines and pipelines in non-HCA areas. On October 13, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Proposed Rule that would...more

Renewable Energy Update - October 2015 #4

Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

California Department of Toxic Substances Control Gains New Hazardous Waste Regulatory Powers

Governor Brown and Legislature give the state’s Department of Toxic Substances Control more power to regulate hazardous substances. On Friday, October 2, 2015, California Governor Edmund G. Brown Jr. signed into law a...more

Energy Newsletter - October 2015

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

California Environmental Law & Policy Update - September 2015 #2

Environmental and Policy Focus - Gov. Brown and Democratic legislators drop plan for 50 percent cut in petroleum use in state: New York Times - Sep 9 - Gov. Jerry Brown and Senate Democrats abandoned a proposal for a 50...more

2015 Hurricane Season Provides Opportunity to Extend Eligible Permits

If there's any good news in a hurricane or tropical storm, this is it: an officially declared state of emergency that allows permit-holders to extend their permits, as well as certain other government authorizations. Not only...more

Successful Strategies for Doing Business in Asia: Malaysia (Updated)

WHAT ROLE WILL THE GOVERNMENT OF MALAYSIA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? Regulation of foreign investment in Malaysia is done both through legislation as well as governmental policies....more

Ninth Circuit Holds no NPDES Permit Required for Klamath Straits Drain

In ONRC Action v. U.S. Bureau of Reclamation, the United States Court of Appeals for the Ninth Circuit held that the Bureau of Reclamation was not required to secure a National Pollutant Discharge Elimination System ("NPDES")...more

No Short Cuts Allowed: The FWS Must Comply with NEPA Before Extending Programmatic Take Permits to 30 Years

Earlier this month, the Judge Lucy Koh set aside the Fish & Wildlife Service’s decision to extend its programmatic permit for bald and golden eagle takes from five to 30 years. The extension was sought by the wind industry...more

Saul Ewing Top Ten Construction Clauses: Substantial Completion

Substantial completion is described in AIA Document A201™-2007 as “the stage in the progress of the Work when the Work or designated portion thereof is substantially complete in accordance with the Contract Documents so that...more

The Ninth Circuit Holds Transfer of Water in Klamath River Basin Does Not Require Clean Water Act NPDES Permit

On August 21, 2015, the Ninth Circuit Court of Appeals affirmed an Oregon district court’s ruling that a Clean Water Act National Pollutant Discharge Elimination System permit is not required for the discharge of water from...more

But I’ve Always Had a Dock on the Easement

For decades Michigan courts have been called upon to decide whether a waterfront easement, platted way, or similar access device permits the user to exercise riparian rights – the ability to install a dock and moor boats to...more

Assembly Bill 266 provides long-awaited medical marijuana regulatory framework in California

In 1996, California voters passed Proposition 215 and California became the first state to legalize medical marijuana. Now, 20 years later, AB 266 looks like the state’s best chance at regulating the cultivation and...more

How Does The New Clean Water Rule Impact Your Business?

On June 29th, the Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively, the “Agencies”) made waves when they published a new rule—the Clean Water Rule—clarifying and arguably expanding the types...more

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