Mondaq USA: Environment
Jones Day
In addition, the CJEU considered that the excess emission penalty may not be modified by national courts on the basis of the principle of proportionality.
Foley Hoag LLP
A Massachusetts company learned the hard way that you need to pay close attention to policy endorsements when you negotiate them.
Mayer Brown
The Texas Supreme Court reversed a jury award because the plaintiff failed to meet the high standard for establishing loss of market value.
Foley Hoag LLP
This past April, the D.C. Circuit struck down the part of EPA’s cement kiln rule that would have provided an affirmative defense to civil penalties for certain excess emissions.
Foley Hoag LLP
This week, the 9th Circuit Court of Appeals rejected the defendants' arguments that periodic discharges of coal from their coal-loading facility were authorized.
BakerHostetler
On August 25, the federal district court for Hawaii vacated Kauai County’s Ordinance 960, which imposed mandatory disclosure obligations regarding the use of certain pesticides and the cultivation of genetically modified crops ("GMOs").
Foley Hoag LLP
I do not want to suggest that most environmentalists are Luddites or that the environmental movement is opposed to economic development.
Foley Hoag LLP
On Friday, EPA released its Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards."
Day Pitney LLP
Commencing what will likely be a lengthy appeal process, a number of environmental organizations filed challenges in federal court to the EPA's final regulations.
Foley Hoag LLP
Judge Walter Smith, Jr. ordered the Sierra Club to pay more than six million dollars – yes, you read that correctly – to Energy Future Holdings and Luminant Generation.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Efforts are underway to fill the two-week session with negotiations on a continuing resolution and votes on several pre-election issue favorites.
Foley Hoag LLP
Parties which settle environmental liability in a judicially approved settlement have three years from the date of that settlement in which to seek contribution.
Foley Hoag LLP
Excess insurers are taking the position that a policyholder which settles for less than the full amount of the policy limits has waived its right to obtain coverage from any of the high level insurers.
Foley Hoag LLP
EPA will not be revising its regulations on backup generators in response to three petitions for reconsideration it received.
Foley Hoag LLP
Last week, the 9th Circuit Court of Appeals issued a decision that arguably explains everything from why the Tea Party exists to why otherwise calm and sane executives suddenly lose all their hair.
Foley Hoag LLP
EPA finally published its § 316(b) rule in the Federal Register. The rule is more significant for what it does not do – require closed cycle cooling – than for what it does.
Holland & Knight
In an interview on McIntyre in the Morning, Partner Jennifer Hernandez discusses the California Environmental Quality Act.
Blank Rome LLP
The District of New Jersey held that a plaintiff cannot sustain a private cause of action under the Resource Conservation & Recovery Act absent sufficient evidence.
Foley Hoag LLP
Before a Superfund settlement becomes enforceable, it must be reviewed by a federal court to confirm that it is fair, reasonable, and consistent with CERCLA’s objectives
Holland & Knight
Recent proposed revisions to CEQA guidelines implementing SB 743 do not address parts of SB 743 that are designed to streamline CEQA guidelines for some infill projects.
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Holland & Knight
Recent proposed revisions to CEQA guidelines implementing SB 743 do not address parts of SB 743 that are designed to streamline CEQA guidelines for some infill projects.
Holland & Knight
On November 6, 2013, ASTM International (ASTM) published a new Standard Practice for Phase I Environmental Site Assessments, known as ASTM E1527-13.
McDermott Will & Emery
Cruise ships, tankers and other large ocean-going vessels entering coastal waters near Puerto Rico and the US Virgin Islands face a new regulatory challenge.
Jones Day
In February 2012, EPA promulgated a national emission standard for power plants pursuant to EPA's authority under Section 112 of the Clean Air Act.
Jones Day
Justices Breyer and Alito authored separate opinions concurring in part and dissenting in part.
Foley Hoag LLP
Judge Walter Smith, Jr. ordered the Sierra Club to pay more than six million dollars – yes, you read that correctly – to Energy Future Holdings and Luminant Generation.
Jones Day
The United States Supreme Court's recent decision in UARG v. EPA offers insight as to how future courts will evaluate the authority of the Environmental Protection Agency
Venable LLP
Big mining projects offer big opportunities.
McGuireWoods LLP
As the year begins to unfold, a number of longstanding water issues, such as numeric nutrient standards, rules regarding the Clean Water Act’s jurisdiction and cooling water intakes, and effluent limitation guidelines for coal-fired power plants, remain in the forefront.
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