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
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Hydraulic Fracturing In the UK – What’s the Latest?
Trying to follow the constant stream of press releases, government and EU consultations, guidance and debate regarding hydraulic fracturing (also referred to as “fracking”) can be tricky, but the issue in the UK remains as topical as ever.
Fit to Frack Report
The BBC reported on 13 March 2014 that research commissioned by leading wildlife
Climate Change Remains a Wild Card in US Clean Water Act Regulation
As EPA continues to develop its policy on global climate change, significant questions remain as to the extent of the regulatory burdens that will be imposed on public utilities and private industry under the Clean Water Act (CWA) to address the predicted effects of global climate change on future weather patterns. For years now, environmental
“Statutory breach of duty” presumption removed from UK employers’ liability regime
Tuesday 1 October 2013 saw the biggest change to employers’ liability in the United Kingdom for over twenty years when s.69 of the Enterprise and Regulatory Reform Act (ʺERRAʺ) 2013 came into force.
In the 2011 “Reclaiming health and safety for all” report published by Professor Löfstedt, the Government was urged to consider
Set Your Energy Efficient Microwave Oven’s Timer, And Get Ready to Comment on the Social Cost of Carbon
In June, we wrote about the Obama Administration increasing the Social Cost of Carbon. Predictably, people were unhappy about being informed of the increase through a regulatory impact analysis that dealt with energy efficiency standards for microwave ovens. The lackluster reveal attracted so much attention that the Obama Administration recently announced that it will provide
Congress and State Officials Increase Scrutiny of US EPA “Sue and Settle” Rulemaking
Fed up with USEPA’s “sue and settle” rulemaking tactics, the regulated community’s complaints have resulted in increased scrutiny of the practice by members of Congress and state officials and has even resulted in recent litigation. Our prior article details the specifics of USEPA’s “sue and settle” rulemaking practices, but in essence, it is where USEPA has been sued (or
UK Coronial System Rejuvenated?
On 25 July 2013, the Coroner’s Rules 1984 were replaced by:
- The Coroner’s (Inquest) Rules 2013
- The Coroner’s (Investigations) Rules 2013
- The Coroner’s Allowances, Fees and Expenses Regulations 2013
The changes were facilitated by the Coroners and Justice Act 2009.
The new regime will apply to any inquest not completed by 25 July 2013. The
Obama Administration Increases the Social Cost Of Carbon in the US
Overnight going “green” became a more attractive option for businesses and manufactures. How? The Obama administration increased the social cost of carbon (SCC). This increase will impact every industry that deals with greenhouse gas (GHG) emissions regardless of size. The SCC is a monetary value agencies use to perform cost/benefit analysis to quantify the benefits
UK Enterprise and Regulatory Reform Act 2013 reverses previous burden of proof for strict liability health and safety offences
Löfstedt report and cutting red tape
One of the key recommendations of the Löfstedt report, published back in November 2011, was for the Government to implement a review of existing health and safety regulations. Employers, increasingly fearful of a burgeoning “compensation culture”, felt that over-compliance was rife with health and safety legislation as a
First Appellate Court Ruling on Superfund Bona Fide Prospective Purchaser Defense Highlights Risks of Post-Acquisition Conduct
In the first appellate court ruling to address the post-closing obligations of a party asserting the Superfund bona fide prospective purchaser (BFPP) defense, the U.S. Court of Appeals for the Fourth Circuit affirmed that a South Carolina brownfields developer forfeited the defense because of its failure to exercise due care with regard to existing contamination.