As we recently reported, the Fifth Circuit decided the case of Meche v. Doucet, 777 F.3d 237 (5th Cir. Jan. 22, 2015) earlier this year. At issue in the Meche case was a well-founded and widely adopted defense to an employer’s obligation to pay maintenance and cure to an injured seaman – the McCorpen
Performance Enhancement: FERC Approves Significant Restructuring of PJM’s Capacity Market
On June 9, 2015, theFederal Energy Regulatory Commission (FERC) conditionally approved significant reforms to PJM’s capacity market, implementing the Capacity Performance Resource product, with PJM’s compliance filing due within 30 days. [1] FERC found such reforms were necessary to address “the confluence of changes in the PJM markets, including both recent performance issues…impacted by
Tax Sale Redemption Period Reduced for Blighted and Abandoned Property
Each year, as the calendar changes, the tax collecting divisions of political subdivisions (Parish, City, etc.) gear up for the increased workload that comes along with preparing for tax sales. In the State of Louisiana, owners of immovable property (real estate) are required to pay property taxes to the parish and/or the city. In certain
The Final WOTUS Rule is Here: Still Pretty Broad
On May 27, 2015, US EPA and the US Army Corp of Engineers (ACOE) released their final (and highly controversial) “Waters of the US” (or WOTUS) rule. In an effort to mollify and assure critics that the Final Rule is not an unabashed “power grab,” the Agencies continue to say that the Final Rule “will
EPA Publishes Final SSM SIP Call
On June 12, EPA published its final SSM SIP Call recalling EPA-approved state air rules governing emissions associated with startup, shutdown and malfunction events at regulated facilities in 36 states. The list of affected states is posted on EPA’s website here. Some of these state rules have been approved and on the books for decades,
Nut Imposters: Increased number of EU and US recalls relating to nut products and undeclared allergens, despite overall reduction in EU
At the end of May 2015, Stericycle Expert Solutions released its European & US Recall Index and Notification reports. In the EU Recalls and notifications dropped in the first 3 months of 2015 but, the nut subgroup experienced a 67% increase, highlighting the importance of monitoring imported foods.
EU Recalls and Notification Reports Q1 2015
U.S. Appeals Court Rejects, as Premature, Challenge to EPA’s Clean Power Plan
Today, the United States Court of Appeals for the District of Columbia Circuit refused to review challenges of EPA’s authority to adopt comprehensive regulations of carbon emissions from exiting power plants. A coal company, joined by 12 States, had asked the Court of Appeals to prohibit EPA from finalizing its Clean Power Plan on multiple
May 2015 Brings a Crop of FERC ‘Loophole’ Manipulation Civil Penalty Assessments
In May, two “loophole” penalty orders were issued regarding recent fraud and manipulation investigations conducted by the Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (OE), which are discussed below. What will June bring? To start, on June 3, the House of Representatives Energy and Commerce Subcommittee on Energy and Power heard testimony, including from
Judge Acknowledges Availability of Economic Damages to Contracted Third Party Despite Robins Dry Dock Doctrine
Judge Ivan Lemelle of the Eastern District of Louisiana re-affirmed the U.S. 5th Circuit’s holding in Amoco Transport Co. v. S/S Mason Lykes, 768 F.2d 659 that the long-standing exclusionary doctrine from Robins Dry Dock v. Flint, 275 U.S. 303, 48 S. Ct. 134 (1927), does not apply when a damaged party shifts some of
FERC Outlines its Role in Implementing EPA’s Clean Power Plan
Earlier this year, FERC held four technical conferences to discuss the implications of state, regional and/or federal plans for compliance with EPA’s proposed Clean Power Plan (CPP) rule to set carbon emission limits for existing electricity generating units. A major issue raised was the impact of the CPP on electric grid reliability as coal-fired generators