On March 8-9, 2018, a bespoke group of approximately 200 leading entrepreneurs, investors and advisors focused on deploying and commercializing cutting edge technologies gathered in Monte Carlo from across the globe for the 11th annual CleanEquity® Monaco Conference. Complementing other plenary sessions and emerging company presentations, the conference initiated a new feature — Covington
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IoT Update: Will California’s New Autonomous Vehicles Regulations Provide a Roadmap for a National Regulatory Framework on Driverless Cars?
On April 6th, the California Public Utilities Commission (CPUC) issued a Proposed Decision authorizing pilot testing for autonomous vehicles (AVs) in California. This action follows up on the California DMV’s permitting rules for AVs in California, which would have allowed driverless testing and deployment permits to issue as early as April 2 of this year.…
April 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure
We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, our monthly newsletter that provides bite-sized updates on EU and UK law, procedure and policy. This month we review more than 30 developments that may be of interest…
Agreed Bases of Plea in UK Health and Safety Prosecutions – Potentially Helpful But Not Binding
Whilst the recent case of R v ATE Truck & Trailer Sales Limited provides a reminder to litigants that judges are not bound by parties’ agreed bases of plea, it also serves to point out that judges will not necessarily be correct to depart from them.
Facts of the case
The defendant allowed a scrap metal…
FERC Reviewing Gas Pipeline Policy
Under the Natural Gas Act (NGA), FERC certificates the construction and operation of pipelines to transport natural gas in interstate commerce if they are “required by the present or future public convenience and necessity.” For almost two decades, FERC has used a 1999 policy statement’s guidelines to evaluate whether new pipelines meet that statutory standard. …
Flint Michigan Lead-Tainted Water Class Action Allowed to Continue
The US Supreme Court has denied review of a July 2017 Sixth Circuit ruling that revived two federal class action lawsuits seeking redress for plaintiffs alleging injury as a result of the lead-tainted water crises in Flint, Michigan. In addition to ensuring that the Flint, Michigan water crises remains active in the national conversation, the Supreme Court’s…
California Threatens Lawsuit Against US EPA as Pruitt Threatens to Roll Back Emissions Standards
In 2012, California, the Obama Administration, and major US automakers agreed (2012 Agreement) to nearly double fuel efficiency fleet-wide by 2025, raising the average fuel economy of new cars and light trucks to more than 50 MPG, or roughly 36 MPG in real-world driving. As part of the 2012 Agreement, a midterm review…
Is a permit required to fill your property?
It may be much harder to fill property in New Jersey. In a recent decision, New Jersey Department of Environmental Protection v. Bleimaier, 2018 WL 1513152, (App. Div. 2018), the New Jersey Appellate Division in effect has held that the placement of more than five-yards of fill material always changes the existing topography and a…
March 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, a monthly newsletter that provides bite-size updates on EU and UK law, procedure and policy. This month, we summarize nearly 30 developments of interest within the UK and…
State Budget Deal Maintains ESCO Sales Tax Exemption
Governor Andrew Cuomo’s proposed 2019 budget originally proposed the elimination of an important sales tax exemption that allows certain customers of Energy Service Companies (“ESCOs”) to receive electric and gas supply without paying transmission and distribution sales tax. Currently, nonresidential default utility customers pay sales tax on both commodity and delivery, while nonresidential ESCO customers…