Autumn has arrived, and with it the promise of a fresh crop of law school graduates entering practice. That means that all the more experienced young lawyers move up a notch in our oddly hierarchical profession. Soon, they will have to sustain themselves; they will have to find enough work from their employers, their partners, … Continue Reading
The International Criminal Court (ICC) announced on 15 September 2016 that it will start to investigate environmental crimes under international law, raising the prospect that company executives could be prosecuted in The Hague in respect of corporate activities with serious environmental impacts. An ICC policy paper on case selection and prioritisation states that the ICC … Continue Reading
Israel’s Ministry of National Infrastructure, Energy and Water Resources has posted on a dedicated website new information concerning the first round of bidding for offshore oil and gas exploration activity. Israel’s Exclusive Economic Zone (EEZ) in the Mediterranean Sea is divided into 69 exploration areas or blocks. The Ministry plans to conduct successive rounds for … Continue Reading
In a detailed, 180-page report released Aug. 11, the EPA’s Science Advisory Board (SAB) faulted the clarity and conclusions of the agency’s landmark study on the environmental impacts of hydraulic fracturing, the high-pressure injection of water, sand and chemicals to break open shale and other “tight” geologic formations to release gas and other hydrocarbons. In … Continue Reading
This note addresses the possible legal impact of Brexit on the chemicals sector. It is one of a series of GTM Alerts designed to assist businesses in identifying the legal issues to consider and address in response to the UK’s referendum vote of 23 June 2016 to withdraw from the European Union. While Brexit … Continue Reading
The Massachusetts Supreme Judicial Court (SJC) upheld a statutory interpretation by the Massachusetts Department of Environmental Protection (MassDEP) that the statutory definition of “oil” does not include leaded gasoline. As a result, contamination from leaded gasoline released from a gas station was not eligible for less stringent remediation standards applicable to “oil” releases. Based on … Continue Reading
By 2050, the global population is expected to increase to 9 billion people — a dramatic increase of more than 35 percent. Given scarce natural resources and the uncertainties of climate change, feeding that growing population means food production will need to increase by 70 percent, according to the Food and Agriculture Organization. Florida, where … Continue Reading
In a decision that will have far-reaching consequences for the Massachusetts economy, Massachusetts’ highest court has ruled that the Global Warming Solutions Act (GWSA), passed in 2008, mandates the imposition of annual, declining limits on greenhouse gases (GHG) emissions. In Kain vs. Dept. of Environmental Protection (SJC-11961, May 17, 2016), the Massachusetts Supreme Judicial Court … Continue Reading
From Grant E. Nichols of GT Philadelphia: For at least the past 30 years, parties involved in the purchase or sale of properties that contain environmental exposure have had to negotiate environmental indemnity agreements, either to protect assets, transfer liability, or to simply get a deal across the finish line. However, as more properties have … Continue Reading
This year’s New York State budget offered numerous headline grabbing changes, yet one of the less-heralded portions has the highest potential to reshape the state’s responsiveness to changing climactic conditions. As part of the state transportation, economic development, and environmental conservation Article VII budget legislation (“TED Bill”), the Legislature passed Title 15 of Part U, … Continue Reading
On March 11, 2016, the Federal Energy Regulatory Commission (FERC) denied an application by Jordan Cove Energy Project, L.P. (Jordan Cove) for authority under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate a facility at Coos Bay, Oregon, for the exportation, principally to Asia, of liquefied natural gas (LNG). In … Continue Reading
On March 15, John Cruden, the Assistant Attorney General for Environment and Natural Resources, gave an address explaining USDOJ’s approach to enforcement of workplace health and safety laws. This new approach is set out in a memorandum authored by Deputy Attorney General Sally Yates and issued late last year. In short, criminal enforcement of workplace … Continue Reading
On Monday, Feb. 29, 2016, the New York Governor announced that the New York Department of Environmental Conservation (“DEC”) was proposing new regulations for the handling of solid waste. The proposed changes to the solid waste regulations contained in Parts 360, 364, and 369 seek to reorganize and rationalize the muddled set of regulations created … Continue Reading
Review under the National Environmental Policy Act (“NEPA”) can be one of the most costly and time consuming components of any federal project or action. Often, the hurdle of NEPA can be so substantial that necessary projects fall by the wayside. Recognizing the tremendous burden environmental review can create, President Obama signed into law the … Continue Reading
In this Invest: Insights video, listen to Kerri L. Barsh, Shareholder, Greenberg Traurig, Co-Chair, National Environmental Practice discuss Sustainable Development in South Florida.… Continue Reading
In January, my monthly column in the Pennsylvania Law Weekly reviewed the treatment of environmental issues by the Pennsylvania appellate courts in the previous year. Read the very-cleverly-titled Environmental Cases in the Pennsylvania Courts During 2015, 39 Pa. L. Weekly 56 (Jan. 19, 2016), by clicking here. The cases addressed follow: Berner v. Montour Twp., 120 A.3d 433 (Pa. … Continue Reading
From Curtis B. Toll of GT Philadelphia: As merger and acquisition (M&A) activity continues to increase, the complexity and size of these transactions warrants a sophisticated approach to deal with the broad range of potential environmental risks associated with these transactions. Specialized and transaction-focused environmental insurance programs are increasingly used to manage these risks in … Continue Reading
Political leaders are not the only ones in attendance at the 21st annual meeting of the “Conference of the Parties” (COP 21), taking place Nov. 30 to Dec. 11 in Paris. The conference is expecting roughly 45,000 participants, including many representatives from big U.S. law firms. While many attendees are not participating in the actual … Continue Reading
My November environmental practice column for the Pennsylvania Law Weekly considered the problem of terminating an environmental obligation when conditions change after a time. In the pursuit of “paradise by the dashboard light,” as Meatloaf taught, if I promise to love you until the end of time, I might end up “praying for the end of time … Continue Reading
On September 15, the Eighth Circuit reversed the district court’s order certifying a class of property owners who sought nuisance based damages and injunctive relief. In Smith v. ConocoPhillips Pipe Line Co., No. 14-2191, 2015 WL 5332450 (8th Cir. Sept. 15, 2015) the Court concluded that there was no evidence showing that class members were … Continue Reading
The Third Circuit recently determined that EPA acted within its statutory authority in publishing the Chesapeake Bay TMDL in American Farm Bureau Federation v. United States Environmental Protection Agency, No. 13-4079 (3d Cir. July 6, 2015). My column for the Pennsylvania Law Weekly discusses the decision and the implications for Pennsylvania, a state that did … Continue Reading
Horne v. Department of Agriculture, No. 14-275 (U.S. June 22, 2015), is a takings case about the price support program for California raisins. That may seem a little far afield for environmental lawyers, but the case bears some careful analysis. Among other things, the Court draws a distinction between the analysis appropriate for a regulatory … Continue Reading
Following a developing trend around the country, the Massachusetts Department of Agriculture (DAR) recently promulgated regulations restricting how fertilizers containing phosphorous, nitrogen or potassium may be applied. The goal of these regulations is to reduce nutrient loading to waterbodies, which can lead to eutrophication and other negative water quality impacts. The regulations, promulgated at 330 … Continue Reading
On June 23, 2015, the Federal Energy Regulatory Commission issued an Order Denying Rehearing of its earlier April 6, 2015 order, authorizing Sabine Pass Liquefaction, LLC to construct and operate natural gas liquefaction export facilities. The order is noteworthy for the Commission’s response to the arguments made by the Sierra Club that the Commission failed … Continue Reading
