In a seminal decision, the US Supreme Court ruled 5-4 that US EPA lacked authority to impose PSD and Title V permitting requirements under the Clean Air Act (CAA) on facilities based solely on their emission of greenhouse gases (GHGs), striking down much of US EPA’s plan for regulating GHG emissions under the Tailoring Rule. In the same
Charities, Donated Land and Environmental Liability
This month’s column in the Pennsylvania Law Weekly addresses the contamination risk faced by charities that accept donated land. I particularly treat the problem of charities whose very purpose calls for them to accept environmentally suspect property. Perhaps it has been a vacant lot subject to fly dumping. Perhaps the charity is specifically intended to locate in…
New hope for successful UK Defendants to be able to recover their legal costs at commercial (rather than legal aid) rates
Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”) came into force on 1 October 2012, individuals acquitted in the Crown Court have been unable to recover their legal costs from central funds, except in relation to appeal proceedings against a conviction or sentence of the magistrates’ court.
Recent case law (…
Colorado River Finally Reaches the Sea
#CORiver #pulseflow reached the sea @ high tide this afternoon! Thanks @lighthawk_LH for the flight to witness this! pic.twitter.com/vDisrlJXnz
— SaveTheColoradoDelta (@CORiverDelta) May 16, 2014
Thanks to a multi-party, cross-cultural, international effort, and the audacity of a few tireless individuals to think big (including Squire Patton Boggs Partner Peter Culp (Phoenix)), the Colorado River met…
Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person
In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San Francisco Bay Conservation and Development Commission’s (“Commission”) determination that a project alternative was not economically feasible was supported by substantial evidence.
The…
Impact of U.S. Supreme Court Decision to Reinstate Cross-State Air Pollution Rule
On April 29, 2014, the U.S. Supreme Court issued a 6-2 opinion reversing the D.C. Circuit Court of Appeals and reinstating the U.S. EPA’s promulgation of the Cross-State Air Pollution Rule (“CSAPR”), which regulates the inter-state transport of NOx and SO2 emissions in implementing the “Good Neighbor Provision” in the Clean Air Act. A centerpiece…
Louisiana Employers Barred From Demanding Access to Employee and Applicant Personal Social Media Accounts
By Erin Kilgore
On May 13, 2014, Louisiana’s legislators joined the ranks of several other states by passing legislation to prevent employers and schools from demanding access to social media, personal email, and other online accounts. House Bill 340, also known as the Personal Online Account Privacy Protection Act, will prohibit employers from: (1) requesting or requiring an…
“What’s in a Name?: Legal Implications of the EU Recommendation on Shale Gas”
While the European Commission’s Recommendation on Shale Gas of January 22, 2014 is not legally binding, it may have different legal impacts on EU institutions and agencies as well as public authorities and private parties in the EU Member States. The attached article published in the Environmental Law Reporter describes four different legal scenarios that…
Acting on a Reservation of Rights Letter from your Insurance Company
A lawsuit is on the horizon, or you have been sued, so you have given proper notice to your insurance company. Your insurance company sends a letter acknowledging the claim or suit, acknowledges its duty to defend, and states variations of any of the following:
“Please be advised that our review of this matter…
Ohio Department of Natural Resources Announces Tougher Conditions for Horizontal Drilling Near Faults or Areas of Seismic Activity
Ohio Department of Natural Resources (ODNR) Director James Zehringer announced that the Department will include tougher conditions in permits for horizontal drilling for oil and gas near faults or areas of past seismic activity. The new policy is a response to its investigation of recent seismic events in Poland Township, Mahoning County, Ohio which ODNR described…