Cozen O’Connor Says: “Are Attorneys’ Bills Privileged Once Litigation Ends – California Supreme Court Says No in ACLU Litigation?”

By | GlobalTort | February 16, 2017
For persons and entities involved in mass tort claiming and litigation with insurance companies and/or other payors, there’s a new and potentially notable ruling about access to past bills for legal work. The ruling is described in a February 14, 2017 article at JD Supra by Cozen O’Connor.   View Full Post
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Latham’s Commentary On UK Developments: “Reserving Privilege for the Few”

By | GlobalTort | February 15, 2017
Claims for legal advice privilege are becoming more difficult and narrower in the EU, according to a February 10, 2017 article published at JD Supra by Latham & Watkins. The article is: Reserving Privilege for the Few: The High Court Confirms the Narrow Interpretation of “Client” for the Purposes of Legal Advice Privilege. View Full Post
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Mandatory Evacuation Ends Below Oroville Dam, but the Flood Control System in the Valley Remains Strained

Here is Wednesday morning’s installment of our update on the Oroville Dam spillway incident and more news about the valley. For background, please see our earlier blog posts which set the stage and provide context.  In sum, the mandatory evacuation is over; the emergency or auxiliary spillway remains stable; View Full Post
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Special Master Rejects Florida’s Claim for More Water from Georgia

In a seventy page opinion, Special Master Ralph Lancaster issued his recommendation to the Supreme Court today concluding that Florida had not met its burden of demonstrating by clear and convincing evidence that Georgia should be burdened with a consumption cap on its water use.  Key to the Special Master’s ruling was a finding that because the U.S. View Full Post
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Help! the DEP Guidance Document I Need is Missing!

By | E2 Law Blog | February 14, 2017
The Pennsylvania Department of Environmental Protection (“DEP”), as is typical of government agencies, regularly releases guidance documents explaining how to interpret or apply its programs and regulations. Once drafted and again once finalized, these documents are published in DEP’s Online Library, where they can be accessed through browser searches or directly through the eLibraryView Full Post
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Changes to Canada’s Environmental Emergency Regulations Are Coming in 2017

The Environmental Emergency Regulations (the “Current Regulations”) under the Canadian Environmental Protection Act, 1999 (“CEPA”) aim to enhance the protection of the environment and human health in environmental emergency situations by promoting prevention and ensuring preparedness, response and recovery.[1] They require companies or persons who own or manage specified toxic and hazardous substances at or above the specified thresholds to provide required information on the substance(s), their quantities and to prepare and implement environmental emergency plans. View Full Post
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BSEE Notice to Lessees: Revised OCSLA Civil Penalty Assessment Matrix

By | Louisiana Law Blog | February 14, 2017
BSEE Notice to Lessees: Revised OCSLA Civil Penalty Assessment Matrix BSEE By Tod J. Everage On February 3, 2017, BSEE issued its first Notice to Lessees (NTL) of 2017, advising of the revised OCSLA Civil Penalty Assessment Matrix. For the second time in 6 months, BSEE has increased the maximum civil penalty to $42,704 per day per violation, up from $42,017 per day per violation that was set in July 2016. View Full Post
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A New Perspective On Regional Haze Regulation?

By | The Nickel Report | February 14, 2017
During much of the Obama administration, states and EPA were in conflict about how to craft Clean Air Act plans to reduce “regional haze” impairment of visibility in national parks and wilderness areas. The technical and policy issues are daunting. Regional haze forms in the atmosphere from many sources’ air emissions — emissions from cars and trucks, construction equipment, factories and power plants (among others), plus natural sources like wildfires and dust storms. View Full Post
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Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability of Interpretation

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability of Interpretation By Benjamin D. Briggs, James L. Curtis, and Craig B. Simonsen Employee Rights Employment Equality Job Business Commuter ConcepSeyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA inspections of non-union employers. View Full Post
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“Dynamic” Situation at Oroville Dam: Valentine’s Day Update (and in Other News….)

“Dynamic” Situation at Oroville Dam: Valentine’s Day Update (and in Other News….) new banner of spillway Here is Tuesday morning’s installment of our update on the Oroville Dam spillway incident.  For background, please see our earlier blog posts, starting last Thursday, February 9, and most recently our update of February 13 which sets the stage and provides context.  In sum, the evacuation continues; the emergency or auxiliary spillway is stable; the primary or service spillway is also stable, and is currently evacuating 100,000 cfs from the reservoir; but new storms are forecasted to roll in starting Wednesday, and many people are still worried about how the reservoir and its spillways will handle the water. View Full Post
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