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
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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
US Supreme Court to Reconsider Key Agency Deference Standard
Often called the fourth branch of government, administrative agencies implement the labyrinth of federal regulations governing people and companies in the United States. Administrative agencies play a particularly important role in regulating environmental, health, and safety in the United States. Those administrative agencies may soon face greater scrutiny from federal courts in their interpretation of their own
US OSHA Continues Emphasis on Excavation and Trenching Safety
Effective October 1, 2018, the US Occupational Safety and Health Administration (OSHA) updated its National Emphasis Program (NEP) on Trenching and Excavation, with the intent of describing “policies and procedures . . . to identify and to reduce hazards which are causing or likely to cause serious injuries and fatalities during trenching and excavation operations.” The
Left In The Lurch – Another UK Landlord Convicted Following Tenant’s Unlawful Waste Operations
Recent caselaw demonstrates that regulators are prepared to prosecute landlords as a direct result of their tenants’ unlawful waste operations. Landlords should consider this possibility when negotiating with prospective tenants and put in place reasonable safeguards to protect themselves. However, victims of fly-tipping may potentially face a similar risk of prosecution against which such safeguards
US BUILD Act Clarifies Tenant Standing for Bona Fide Prospective Purchaser Protections from Contaminated Property Liability
When President Trump signed the omnibus spending bill on March 23, 2018, he also enacted the Brownfields Utilization, Investment, and Local Development Act of 2018 (BUILD Act) (not to be confused with the Better Utilization of Investments Leading to Development Act of 2018—yet another BUILD Act of 2018). Among the several provisions within the
Colorado Proposition 112: If Colorado Bans New Oil and Gas Development, What Next?
The State of Colorado is a leader in regulating oil and gas development. But a ballot initiative proposes a more dramatic regulatory step: restricting oil and gas development all together. In the upcoming election, Colorado voters will decide whether to enact Proposition 112, a law requiring a 2,500-foot setback between any new oil and gas developments and any
Groundwater Remediation as Potential Tool to Combat Water Scarcity: Navigating Potential Conflicts Between CERCLA Remediation Considerations and Water Policy Issues
New water supplies in the western United States are likely to come from a panoply of non-traditional sources, including storm water capture, waste water recycling, desalination, infrastructure efficiency improvements, and other conservation measures. One potential new water source for municipalities is contaminated groundwater requiring environmental remediation, that, but for its low quality, could be used
California Turning Away From Traditional Imported Water Sources and Toward More Resilient Localized Water Supplies
In 2014 California enacted the Sustainable Groundwater Management Act, which provides the framework for local water management agencies to develop and implement groundwater sustainability plans in order to sustainably manage the state’s groundwater within 20 years. This legislation was California’s first ever attempt to sustainably manage groundwater resources, a long overdue effort given that the state
MPs Recommend Giving UK Local Authorities Power to Charge Employers for Health and Safety Enforcement Action
There has been a general decline in health and safety inspection and enforcement by local authorities since 2010 principally due to reduced funding and competing priorities, according to the All-Party Parliamentary Group on Occupational Safety and Health (APPGOSH). According to their recent report, “Local Authorities and Health and Safety”:
- the overall number of inspections and