EPA Tier 3 Vehicle Emissions Standards:  Too Little Time to Comment

EPA Tier 3 Vehicle Emissions Standards: Too Little Time to Comment

Posted on May 21, 2013 by Leland E. Beck

The Environmental Protection Agency (EPA) today published its Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards proposed rule in the Federal RegisterFull Story

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ODNR Releases 2012 Utica Shale Production Results

ODNR Releases 2012 Utica Shale Production Results

Posted on May 20, 2013 by Chris Baronzzi

Ohio law requires oil and gas operators to report prior year production from oil and gas wells on an annual basis — by March 31 of the following year. Full Story

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Defense Cost Analysis in Complex Environmental Fee Claims

Posted on May 20, 2013 by David J. McMahon

Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various lawsuits, in relation to the contested coverage provisions. Full Story

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Fifth Circuit Shuts Down Climate Tort Plaintiffs Again

Posted on May 20, 2013 by Latham & Watkins

Climate tort plaintiffs cannot catch a break in the Fifth Circuit Court of Appeals.  In a May 14, 2013, decision, the Fifth Circuit found—once again—that a group of Mississippi Gulf Coast property owners is barred from alleging that energy companies tortiously emitted greenhouse gases (“GHGs”).  Full Story

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BLM’s Updated Draft Fracking Rule Draws Criticism from Both Sides

Posted on May 20, 2013 by Robin Seifried

Last week, the Bureau of Land Management (BLM) released an updated draft rule governing hydraulic fracturing activities on public and Indian lands.  Full Story

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New Hydraulic Fracturing Study Finds No Issues

New Hydraulic Fracturing Study Finds No Issues

Posted on May 18, 2013 by Vorys

The Washington Post has a story on a recent study finding that hydraulic fracturing has not contaminated water wells in Arkansas:  “Members of the U.S. Geological Survey were also part of the study, which examined 127 drinking water wells for evidence of pollution from methane gas or chemicals. Full Story

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The Direction of CEQA “Reform” Under Proposed SB 731: One Step Up and Three Steps Back?

Posted on May 17, 2013 by Arthur F. Coon

There has been a lot of buzz around proposed SB 731, which is working its way through the State Legislature and will be heard Monday, May 20, in the Senate Appropriations Committee. Full Story

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Supreme Court of Canada Provides Further Commentary On the Crown’s Duty to Consult Aboriginal People

Posted on May 16, 2013 by Keith Bergner and Mélanie Power

On May 9th 2013, the Supreme Court of Canada released its decision in Behn v Moulton Contracting Ltd, 2013 SCC 26.  The decision provides important commentary on the Crown’s duty to consult Aboriginal people. Full Story

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No FIFRA Preemption, No Problem!

No FIFRA Preemption, No Problem!

Posted on May 16, 2013 by William A. Ruskin

In Gresser v. Dow Chemical Co., Ind. Ct. App., No 79A02-1111-CT-1014, 4/30/13, the plaintiffs in this toxic tort case alleged that their children developed a variety of illnesses after a purported exposure to Dursban TC in their home following a pesticide application by the co-defendant pesticide applicator. Full Story

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Updated Security Requirements for CY2012 Toxic Release Inventory Reporting

Posted on May 16, 2013 by Foley & Lardner

The following post is provided by our guest author, Karen Lutz from TRC Environmental Corporation. This year, USEPA has made a change in the Toxic Release Inventory (TRI) reporting process, merging their reporting/certification systems. Full Story

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