Environmental

Recent Posts

Jenner & Block: Minnesota Bans Triclosan For State Government
Posted on 8 Mar 2013 by E. Lynn Grayson

By E. Lynn Grayson , Partner, Jenner & Block Minnesota is believed to be one of the first state governments to stop buying products containing triclosan, an antibacterial commonly used in soap and cosmetics. Through its combined buying power, the... Read More

Jenner & Block: Insurer Unable To Step Into CERCLA Shoes Of Insured
Posted on 11 Apr 2013 by Steven M. Siros

A recent Ninth Circuit decision limited the ability of an insurer to seek CERCLA contribution and/or cost recovery from potentially responsible parties ("PRPs"). In Chubb Custom Insurance Company v. Space Systems/Loral et al. , [ enhanced version... Read More

State Net Capitol Journal Legislative Updates: Hunting Bison in Montana and Deer in Indiana
Posted on 22 Apr 2013 by State Net

ENVIRONMENT: The MONTANA House rejects SB 143, a bill that would have increased the number of hunting licenses for bison and prohibited the future relocation of the animals (HELENA INDEPENDENT RECORD]). • The INDIANA House approves SB 487, a bill... Read More

Mountain States Legal Foundation: Miners Rebut Feds & Environmentalists; Claim Land Law Is Unconstitutional
Posted on 25 Mar 2013 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A 117-year-old nonprofit, non-partisan mining trade association with thousands of members has rebutted arguments by federal lawyers and environmental... Read More

Mountain States Legal Foundation: Supreme Court Must Hear Western “Takings Clause” Case
Posted on 13 Mar 2013 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A western, nonprofit, public-interest legal foundation with decades of experience defending the rights of westerners against the federal government... Read More

State Net Capitol Journal Legislative Updates: NY, NJ Take Different Paths To Sandy Recovery
Posted on 1 Apr 2013 by State Net

NY, NJ TAKE DIFFERENT PATHS TO SANDY RECOVERY: New Jersey Gov. Chris Christie (R) and New York Gov. Andrew Cuomo (D) are taking vastly different approaches to residents seeking to rebuild their coastal homes destroyed by Hurricane Sandy. Christie wants... Read More

Keller and Heckman – California's Green Chemistry Initiative/Safer Consumer Products Regulations
Posted on 30 Apr 2013 by Keller and Heckman LLP

California Assembly Bill 1879 (Cal. Health and Safety Code sec. 25252, et seq. ), an important statutory basis for California's Green Chemistry Initiative, attempts to reduce or eliminate the use of hazardous materials through an all-inclusive approach... Read More

Flood Insurance Guidance Announced By Federal Agencies
Posted on 17 Apr 2013 by Ballard Spahr LLP

By the Ballard Spahr LLP Mortgage Banking Group The federal banking agencies, together with the Farm Credit Administration, have issued joint guidance on amendments to the Flood Disaster Protection Act of 1973 (FDPA). The amendments were part of the... Read More

Keller and Heckman – Fuels Advisory: EPA Proposes Replacing RIN Confusion with Audit Nightmare
Posted on 20 Mar 2013 by Keller and Heckman LLP

By Jean-Cyril (JC) Walker and Adrienne M. Timmel In response to concerns and Congressional pressure over widespread fraud in the renewable fuels market, the U.S. Environmental Protection Agency ("EPA") is proposing to establish an innocent... Read More

Steptoe & Johnson PLLC: Power Line Rights of Way - FERC Approves New Vegetation Management Rules
Posted on 29 Mar 2013 by Steptoe & Johnson PLLC

By Kurt L. Krieger and Nora C. Price On March 21, 2013, the Federal Energy Regulatory Commission ("FERC") approved new rules for managing vegetation along power line rights of way. The purpose of the approved modifications to existing electric... Read More

Foley & Lardner: Developers Rejoice! IRS Issues "Begun Construction" Guidance
Posted on 25 Apr 2013 by Foley & Lardner LLP

On April 15, 2013, the IRS released Notice 2013-29 addressing the eligibility for certain alternative energy projects to qualify for the renewable electricity production tax credit (PTC) under section 45 of the Tax Code. This guidance has been eagerly... Read More

New Energy Use and Accessibility Disclosure Requirements for California Commercial Landlords
Posted on 20 Mar 2013 by Foley & Lardner LLP

Accessibility Disclosure: Each lease or rental agreement for commercial property executed on or after July 1, 2013 must state whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether... Read More

Jenner & Block: DOJ Not Required To Produce Interagency Memorandum in CERCLA Case
Posted on 28 Mar 2013 by Steven M. Siros

A recent Seventh Circuit decision rejected a PRP's efforts to obtain interagency memorandum and other communications between the Environmental Enforcement and the Environmental Defense Sections within the United States Department of Justice ("DOJ"... Read More

Court Rules In 2013 That Mining Environmental Contamination Going Back To Late 1800’s Covered By Insurance Issued In 1950’s
Posted on 30 Apr 2013 by Seth Lamden

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd's London , No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013) [ enhanced version available to lexis.com subscribers... Read More

Marten Law on Decker v. Northwest Environmental Defense Center: No Permit Required for Stormwater Discharges from Logging Roads, U.S. Supreme Court Rules; Attention Shifts to EPA Rulemaking
Posted on 8 Apr 2013 by mmcurdy@martendotcom

By Meline MacCurdy, Associate, Marten Law PLLC In this Emerging Issues Analysis, Meline MacCurdy of Marten Law PLLC discusses the U.S. Supreme Court's holding in Decker v. Northwest Environmental Defense Center that stormwater runoff from logging... Read More