Months ago, in the face of “unacceptably high” risk to the Colorado River’s complex system of reservoirs, US Bureau of Reclamation Commissioner, Brenda Burman, indicated that if the seven Colorado River Basin States could not agree to a drought contingency plan (DCP), then the federal government would post a notice in the federal register seeking comments from the states on the best course of action, and then unilaterally decide how to manage the river under fast-approaching shortage conditions. On March 19, 2019, with the endorsement of the US Department of the Interior, the seven Basin States and key stakeholders formally submitted the Colorado River Basin DCP to Congress for immediate implementation. In response to their March 19 letter, Congress invited the Basin States’ representatives to testify on March 28, 2019 on the need for the DCP.
UK Supreme Court Considering Parent Company Liability for Environmental Harm Caused by Overseas Subsidiaries
In Vedanta Resource PLC and another v Lungowe and others the UK Supreme Court has held that a claim for negligence and breach of statutory duty against a mining company based in Zambia and its English parent can be heard by the UK courts.
In so doing, this landmark decision has potentially opened the door to tortious claims against UK parent companies by persons based outside of the UK who have been impacted by acts of foreign subsidiaries.
Disposed of in Place: The Sale of Contaminated Buildings Results in CERCLA Arranger Liability
The United States 8th Circuit Court of Appeals recently decided that a tire company and its affiliate could be held liable under the Comprehensive Environmental Response, Compensation and Liability Act at 42 U.S.C. § 9601 et seq. (“CERCLA”) for selling property knowing that the contaminated buildings thereon would be demolished. Dico, Inc. (“Dico”) owned several
Pricing Roads in the United States: New York Sets the Bar on Fixing Traffic and Reducing Urban Pollution
Last month, New York Governor Andrew M. Cuomo and state lawmakers agreed on a plan to implement a sweeping new transportation policy in Manhattan: congestion pricing. New York will join other major cities around the world – including London (Congestion Charge), Stockholm (Congestion Tax), and Singapore (Electronic Road Pricing) – which have recently implemented a form of congestion pricing, but New York City will be the first American city to do it.
NEGPA v. DEP: The SJC Upholds the Commonwealth’s Climate Change Mitigation Program
This article was first published in the Winter 2019 edition of the Boston Bar Journal.
In a unanimous decision last September, the Supreme Judicial Court (“SJC”) upheld the Commonwealth’s latest climate change regulations to reduce greenhouse gas emissions from electric generators, rejecting those generators’ arguments that the regulations violate the Massachusetts Global Warming Solutions
Duty to Provide Appropriate Medical Care – An Unexpected Source of Liability for Jones Act Employers
Among the various duties that Jones Act employers are charged with is the duty to provide its seamen with reasonable medical care. In a recent decision from the U.S. Fifth Circuit Court of Appeals, Randle v. Crosby Tugs, L.L.C., the Court considered the extent of this duty and how it may be satisfied. The
March 2019 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy
We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our March edition, we summarise 29 developments in the environmental, safety and health sector. Some of the top stories this month include:
- A £224,000 fine for
First District Rejects “Location Exception” for Project in Earthquake Fault and Landslide Areas and Affirms Class 3 Exemption for Small Residential Projects in the Berkeley Hills
In Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880 [certified for partial publication], the Court of the Appeal for the First District affirmed that the construction of three new single-family homes on adjacent parcels in the Berkeley Hills was exempt under CEQA’s Class 3 exemption for single-family residences in urbanized areas.
IoT Update: How Smart Cities and Connected Cars May Benefit from Each Other
Innovative leaders worldwide are investing in technologies to transform their cities into smart cities—environments in which data collection and analysis is utilized to manage assets and resources efficiently. Smart city technologies can improve safety, manage traffic and transportation systems, and save energy, as we discussed in a previous post. One important aspect of a successful smart city will be ensuring infrastructure is in place to support new technologies. Federal investment in infrastructure may accordingly benefit both smart cities and smart transportation, as explained in another post on connected and autonomous vehicles (“CAVs”).
Given the growing presence of CAVs in the U.S., and the legislative efforts surrounding them, CAVs are likely to play an important role in the future of smart cities. This post explores how cities are already using smart transportation technologies and how CAV technologies fit into this landscape. It also addresses the legal issues and practical challenges involved in developing smart transportation systems. As CAVs and smart cities continue to develop, each technology can leverage the other’s advances and encourage the other’s deployment.
New York Transforms Energy Storage Economics
Throughout the first four years of New York’s Reforming the Energy Vision (“REV”) initiative, the precise role of energy storage has been unclear. There was no energy storage goal, only sparse incentives were available to spur development, the regulatory framework remained under construction, and the relatively nascent storage applications did not seem to fit within currently existing market mechanisms.
New York is now paving the way for a robust storage industry. In December 2018, the Public Service Commission (“Commission”) adopted an energy storage goal of 3,000 MW by 2030, with an interim target of 1,500 MW by 2025 (the “Storage Order”). To jumpstart the program, the Commission ordered Consolidated Edison to competitively procure and deploy 300 MW of energy storage by 2022, and the remaining utilities to each procure 10 MW of energy storage in their respective service territories.