An important consideration for purchasers of US commercial property is establishing Bona Fide Prospective Purchaser (“BFPP”) liability protection to mitigate the risk of liability under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et. seq. Because the current owner of a property where a release of hazardous substances has occurred
Latest from frESH - Page 19
UK Health and Safety Offences – No Two Cases Are The Same
The recent UK Court of Appeal judgement in the case of R v Whirlpool UK Appliances Limited provides a useful analysis on the approach that courts should take when sentencing “very large organisations” under the Sentencing Council’s Definitive Guideline on Corporate Manslaughter, Health and Safety and Food and Safety Hygiene Offences (“the Guideline”).
January 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure
Check out the January 2018 edition of the UK Environmental, Safety & Health team’s monthly newsletter, frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law and Procedure, for “bite-sized” updates on EU and UK law and policy on the following hot topics:
US EPA’s Renewable Fuel Standard Volumes for 2018 Unsatisfactory to Many
On November 30, 2017, US EPA issued the final volume requirements and associated percentage standards for its renewable fuel standards (RFS) program for calendar year 2018, as well as the biomass-based diesel volume requirement for 2019. The annual volumes establish quotas for how much renewable fuel must be added to gasoline and diesel in order
As Deadline Approaches, FERC Chairman Hints at Interim Solution to Keep Coal and Nuclear Plants Afloat
As the deadline imposed by the U.S. Department of Energy (DOE) approaches for the Federal Energy Regulatory Commission (FERC) to determine whether to exercise its regulatory authority over the electricity market in a manner designed to throw a life line to coal and nuclear power generators, the FERC commissioners have not hesitated to publicly make
Food Labelling Issues and Recall Trends in Europe: Recent UK Recalls Resulting from Labelling Errors
Trade press reports have highlighted a spate of recent recalls relating to food and drink products in the UK resulting from labelling errors. Examples include foods recalled because of salt crystals not mentioned on the packaging (which represent a potential choking hazard), chocolate drinking straws with labels not in English (with allergen information therefore not
Good Intentions, Bad Outcomes – Introducing Non-Native Species Into the UK
A recent prosecution has illustrated the consequences of releasing non-native species into UK habitats, notwithstanding that the motivation of the two defendants was entirely benevolent.
Section 14 of the Wildlife and Countryside Act 1981 makes it an offence to release or allow to escape into the wild any animal of a kind which is not
MSHA Workplace Examination Rule Delayed Once Again
On January 23, 2017, the Mine Safety and Health Administration (MSHA) published its long-awaited final rule regarding modified workplace examination requirements in non-coal mines. The rule was originally scheduled to go into effect in May of this year, but implementation was delayed twice until October 2, 2017.
Over the past several months, operators have been
Teething Trouble – Poor Levels of Compliance with Reporting Requirement Under UK Modern Slavery Act Need to be Addressed
According to research published by the Chartered Institute of Procurement & Supply, more than one third of organisations required to complete a statement in compliance with the UK Modern Slavery Act 2015 (“Act”) have failed to do so.
Under section 54 of the Act, organisations that carry on business in the UK and have turnovers of £36 million
Increased Risk of Clean-Up Liability for Owners of Closed Council Landfill Sites in England and Wales
A recent Court of Appeal case, Powys County Council v Price and Hardwick, has addressed the issue of liability of successor public authorities under the UK contaminated land regime (Part 2A Environmental Protection Act 1990) (“Part 2A”).
The case related to a landfill site that had been operated by local authorities of the county