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Real Estate and Construction Law Blog

Covers construction, construction claims, environmental, labor and employment issues, land use and leasing. By Sheppard Mullin.

http://www.realestateandconstructionlawblog.com/

Oct 29
Supreme Court Refuses to Hear Palmer Case - Are Inclusionary Zoning Practices Due for Change?

By James Pugh & Dave Lanferman On October 22, 2009, the California Supreme Court decided not to review the Court of Appeal's decision in the landmark Palmer/Sixth Street Properties v. City of Los Angeles case. [See SMRH Blog 08/18/2009, for detailed discussion of Palmer decision.] This decision, although favorable for Palmer, could launch "inclusionary zoning" and similar affordable housing laws across the state into uncertain legal waters as municipalities attempt to enforce... Posted on October 29, 2009 at 10:58 am
Oct 1
Procedural Requirements Of California's "Fix It" Law Upheld

Standard Pacific Corporation v. Superior Court of San Bernardino (Garlow) (2009) ___ Cal. App. 4th ____ (Aug. 14, 2009, No. E046844) By James Pugh The Fourth District Court of Appeal recently held that construction-defect plaintiffs must provide developers with notice and an opportunity to repair before filing suit. This holding in Standard Pacific Corporation v. Superior Court of San Bernardino (Garlow) confirms the procedural requirement of Senate Bill 800, which is also known as the "Fix It... Posted on October 1, 2009 at 02:40 pm
Sep 30
2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters

Connecticut v. American Electric Power Company Inc., ____F.3d ____, No. 05-5104 (2nd Cir. 2009) By James Rusk States and private plaintiffs may sue utility operators under the federal common law of nuisance to abate carbon dioxide ("CO2") emissions that contribute to global warming, the Second Circuit Court of Appeals held this month. Although the 139-page opinion appears to open a new front in the fight over climate change, its full import is uncertain. The court held only that plaintiffs had... Posted on September 30, 2009 at 11:20 am

Rank This Week: 140

ESA blawg

Encourages thoughtful discussion of the Endangered Species Act. By Keith W. Rizzardi.

http://www.esablawg.com/esalaw/ESBlawg.nsf

Nov 20
Sierra Club warns of climate change effects on Florida panther, calls for critical habitat designation

The Sierra Club today is calling on the U.S. Fish and Wildlife Service to help the Florida panther survive global warming by protecting its habitat, the non-profit organization announced in the Press Room today. "In many ways, the Florida panther is like the polar bear of the South. Because of its low-lying and exposed habitat, the panther is extremely vulnerable to global warming," said Sierra Club Representative Frank Jackalone. "In order to survive sea level rise and other impacts of climate... Posted on November 20, 2009 at 05:21 pm by Keith Rizzardi
Nov 20
Federal judge in D.C. refuses to supplement the record

The Cape Hatteras Access Preservation Alliance v. U.S. Department of the Interior Civil Action No. 09-236-RCL, 2009 U.S. Dist. LEXIS 105300 (D.D.C., November 4, 2009) BACKGROUND: At issue is whether this Court should consider a report that relates to the conservation of piping plovers, the Biological Opinion for Cape Hatteras National Seashore's Interim Protected Species Management Strategy and various supplements to it (collectively "the BiOp"), either because it was actually a part of the... Posted on November 20, 2009 at 04:19 pm by Keith Rizzardi
Nov 20
FWS reopens comment period on Hawaiian damselflies

74 Fed. Reg. 59956 / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Flying Earwig Hawaiian Damselfly (Megalagrion nesiotes) and Pacific Hawaiian Damselfly (M. pacificum) Throughout Their Ranges ACTION: Proposed rule; reopening of comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the... Posted on November 20, 2009 at 04:07 pm by Keith Rizzardi

Rank This Week: 250

Environmental Crimes Blog

Covers environmental crimes and enforcement, from pre-trial to trial strategy. By Walter D. James III.

http://environmentalblog.typepad.com/environmental_crimes_blog/

Nov 19
Enforcement by the TCEQ is a Joke

The other day, I received an e-mail from the Texas Commission on Environmental Quality ("TCEQ"). I am a subscriber to its notification services. The e-mail screams out: "TCEQ APPROVES FINES TOTALING $816,375." You think: Wow, they are really doing something here." Then you look at the numbers. The TCEQ had approved penalties totaling $816,375.00 against seventy (70) entities for violations of Texas environmental regulations. It also touted a penalty against Conoco Philips of $243,301.00. The... Posted on November 19, 2009 at 08:48 am by Walter James
Nov 16
A Win for the Good Guys?

On Friday, October 20th, United States District Judge Henry Lee Adams conducted a post-conviction hearing and at the close of the evidence issued a ruling from the bench that immediately terminated Kassian Navigation's probation. The company had previously voluntarily accepted criminal responsibility for unknown acts of its shipboard staff in presenting a false oil record book to Coast Guard officers during an inspection at Jacksonville. Kassian through its counsel, George M. Chalos, argued... Posted on November 16, 2009 at 06:48 am by Walter James
Oct 26
A Budding Turf War???

On October 21, 2009, Senator Urbin introduced a bill that would purportedly require cruise ships and other vessels to obtain an NPDES permit to dischage sewage (toilet waste) and other waste waters. The permit would be issued by the USEPA. The question is why? The last time I looked, the Coast Guard had regulations in place that would cover these discharges. Why not step up enforcement of current regulations and not create a whole new bureauracy? More later. As always, please feel free to... Posted on October 26, 2009 at 03:58 pm by Walter James

Rank This Week: 315

Law of the Land - Canadian...

Law of the Land - Canadian Commercial Real Estate Law Blog

Covers condominiums, environmental law, financing, leasing and title insurance. By Lang Michener.

http://lawoftheland.blogs.com/law_of_the_land_canadian_/

Oct 8
Court of Appeal clarifies the law on prescriptive rights

There was an interesting recent Ontario Court of Appeal decision (Kaminskas v. Storm (2009), 95 O.R. (3d) 387) for those lawyers, like the writer, who developed his practice approaches at a time when most of the properties in Ontario were registered under the registry system. It was an appeal of a lower Court decision (Kaminskas v. Storm (2007), 54 R.P.R. (4th) 239) talking about prescriptive rights and illustrating a manner in which they could be lost. The Real Property Limitations Act says in... Posted on October 8, 2009 at 10:25 am by Jack Payne
Sep 22
Lang Michener LLP lawyers remain the leading experts on title insurance in Canada

Bruce McKenna, with significant assistance from Matthew German and Bob Fraser, has completely redrafted the title insurance sections of the CCH Ontario Real Estate Law Guide published by CCH Canada. These are the title insurance sections under the Divisions of the Guide relating to Professional Duties and Liabilities, Mortgages and Title Conveyancing. Bruce originally drafted them in 1997 and has updated them from time to time since then. Title insurance in Ontario has gone through a great... Posted on September 22, 2009 at 05:13 am by Jack Payne
Jun 29
The Declining Importance of Tender in Transaction Disputes

Canadian courts continue to erode the traditional common law requirement that a non-defaulting party demonstrate its absolute willingness and ability to close a real estate transaction when responding to the default of the other party. As illustrated by the British Columbia Supreme Court in Tatla v. Lui, [2009] B.C.J. No. 485, the process of "tendering" all closing documents and funds on the defaulting party is increasingly being rejected as a "meaningless ritual" and should no longer be seen... Posted on June 29, 2009 at 07:41 am by Jack Payne

Rank This Week: 342

Saxe Envirolaw News

Features environmental law updates on climate change, compliance, and pesticides. By Dianne Saxe.

http://envirolaw.ca

Nov 20
Find us on Mondaq too

This week, Mondaq's most popular environmental article, worldwide, was our 10 Things that You Need to Know about Contaminated Sites. According to Mondaq, it is the world's largest legal news network, so this is quite a compliment. Of course, faithful readers of this blog see the same articles before they reach Mondaq, plus special extra information such as this week's presentation on Tricks and Traps on Contaminated Sites, which is posted on our contaminated sites page. And we have a lot of... Posted on November 20, 2009 at 03:47 am by Dianne Saxe
Nov 19
Can anyone comply with O.Reg. 419/05?

Standard Development Branch has chosen an interpretation of O.Reg. 419/05 that makes it difficult for even the most responsible industries to obtain the air permits that they need to operate in Ontario. As a result, more and more stakeholders are raising concerns. For example, the Ontario Air Practitioners are a group of environmental professionals, convened by the Ministry of the Environment to provide expert advice on the practical implementation of regulations, policy and guidance. They have... Posted on November 19, 2009 at 02:52 pm by Dianne Saxe
Nov 18
Read all about it

What are the prospects for litigation relating to green energy projects, especially wind? Dianne is quoted on this today in both the National Post and the Globe and Mail. Whenever the law is unclear or counterintuitive, it is always good for lawyers. &#xc2&#xa92009 Environmental Law and Litigation. All Rights Reserved. . Related posts: Ian Hanna, redux On October 19, I wrote about Ian Hanna, the Big... Aboriginal consultation and renewable energy approvals In order to implement the Green Energy Act,... Posted on November 18, 2009 at 08:48 am by Dianne Saxe

Rank This Week: 490

Climate Change Insights

A forum for critical analyses of climate law and policy. Published by the law firm of McKenna Long and Aldridge.

http://www.climatechangeinsights.com/

Nov 18
Economy-Wide Cap-and-Trade Doubtful; Narrower Bill May Fare Better

Climate change policy experts speaking on the first day of the "Carbon Economy" summit in Washington, DC, sponsored by The Economist, expressed skepticism over the chances of passing an economy-wide cap-and-trade bill in 2010. Eileen Claussen, President of the Pew Center on Global Climate Change, observed that there is a "very narrow window" of time in the Spring of 2010 - before attention shifts to the mid-term elections - for the Senate to pass a climate change bill, work out differences in a... Posted on November 18, 2009 at 11:26 am
Nov 12
Two Climate Takes On Warren Buffet & Burlington

/**/ It can happen from time to time that there are different viewpoints in a practice group. Here are two perspectives from attorneys on MLA's climate team regarding Warren Buffet's planned purchase of Burlington Northern Santa Fe Corp. The bloggers suggest what the financial guru's $34 billion investment implies for coal and cap-and-trade legislation. Peter Gray: According to Wall Street Journal reporter Josh Mitchell, Berkshire Hathaway Inc.'s planned $34 billion purchase of Burlington... Posted on November 12, 2009 at 02:36 pm
Nov 6
OPIC and the Export-Import Bank After the NEPA Settlement: A Tale of Two Agencies

In early 2009 two US agencies, the Overseas Private Investment Corporation (OPIC) and the Export-Import Bank (Ex-Im), settled a longstanding climate change lawsuit in the 9th Circuit and pledged to reduce emissions in their lending portfolios while increasing support for clean energy. Their approaches to implementing the settlement agreement are taking starkly different paths: OPIC appears to have entered the "age of wisdom," while Ex-Im remains in the "age of foolishness," to borrow from... Posted on November 6, 2009 at 12:22 pm

Rank This Week: 725

Municipal, Planning and...

Municipal, Planning and Environmental Law Group Blog

Covers current issues and updates on law, legislation and policy. By Davis & Company.

http://www.davis.ca/community/blogs/mpe/default.aspx

Mar 10
Minister Prentice Tables Environmental Enforcement Bill

Posted by Jonathan Cummings and Jennifer Cleall On March 4, 2009, the Minister of Environment, Jim Prentice, introduced the Environmental Enforcement Bill (the "Bill") in an effort to constrain poachers, wildlife smugglers and polluters through the use of more comprehensive enforcement tools and increased fines. The Bill seeks to enhance effectiveness and enforcement of environmental legislation by making amendments to 9 existing acts: the Canada Wildlife Act; the Canadian Environmental... Posted on March 10, 2009 at 10:38 am
Apr 2
OSC releases Staff Notice calling for improved environmental disclosure

Reporting issuers must improve their disclosure of known and contingent environmental liabilities in continuous disclosure documents. That is the message of the Ontario Securities Commission's Staff Notice 51-716 on Environmental Reporting (the 'Staff Notice'), released February 27, 2008. The Staff Notice is based in part on a survey of 35 reporting issuers. The OSC found that the majority of these issuers had made insufficient disclosure of material environmental matters in their annual... Posted on April 2, 2008 at 02:46 pm
Apr 1
Key Kearl oil sands permit dries up in wake of Federal Court decision

Posted by Andrew Lord The federal government reportedly revoked Imperial Oil's permit to take water for the planned Kearl oil sands project. Imperial Oil's legal challenge of that decision is expected to be heard in May. Imperial predicts that the battle to recover the permit to take water could delay the start of production by a year or more. The $8 billion project was scheduled to start producing 100,000 barrels of bitumen a day in 2011. The decision to revoke the permit, which was made by... Posted on April 1, 2008 at 09:51 am

Rank This Week: 774

Environmental Legal Blogs

Covers asbestos, biomonitoring, CERCLA, endangered species, EPA, ethanol, global warming, and toxic torts. By Stephen Holzer.

http://environmentallegal.blogs.com/sholzer/

Nov 14
More Problems for Weary Global-Warming Advocates

This has not been a good month for advocates of the theory of global warming. After a slew of articles concerning the fact that the Earth has not been warming for the last eleven years plus the fact that the trend now seems to be toward cooling, a Court in the UK has dealt yet another blow to the proposition that belief in global warming is a "science." Ironically, this setback occurred in a case actually won by an advocate of the global warming theory. The advocate had been dismissed from his... Posted on November 14, 2009 at 07:58 am by STEPHEN HOLZER
Oct 14
SB 827 IS LAW

Governor Schwarzenegger has signed the bill into law (on Sunday, October 11). See post below for a discussion of the bill. Posted on October 14, 2009 at 02:13 pm by STEPHEN HOLZER
Oct 11
AQMD-RELATED RELIEF IS ON THE GOVERNOR'S DESK

SB 827 is on the Governor's desk Readers may remember that, recently, I wrote about the problem for many businesses and government entities as a result of a State Court ruling holding that the AQMD's issuance of "offset" credits violates the California Environmental Quality Act, or "CEQA" and imposing a moratorium on the issuance of such credits. Since such credits are, as a practical matter, required in order for such places to operate under California pollution laws, and since with the... Posted on October 11, 2009 at 12:15 pm by STEPHEN HOLZER

Rank This Week: 909

Blog for Clean Air

Covers clean air laws and policies. By Clean Air Watch.

http://blogforcleanair.blogspot.com/

Nov 20
EPA to unveil great tool for tracking status of pollution from coal-fired power plants

The US EPA today is planning today to unveil a new interactive tool to help the public track the status of pollution from coal-fired power plants. See at http://www.epa.gov/airmarkets/quarterlytracking.html This is going to be a great tool to track progress in cleaning up the air. And to check if some power plants are actually polluting more. This is the kind of information that would otherwise be virtually impossible for the public to find out. So let's tip our hat to EPA. Posted on November 20, 2009 at 01:21 am by Frank O'Donnell, Clean Air Watch
Nov 17
EPA proposes new sulfur dioxide air standards

The US EPA today proposed new standards to limit short-term public exposure to the dangerous pollutant sulfur dioxide. See at http://www.epa.gov/air/sulfurdioxide/actions.html#nov09 The EPA standards could put more pressure on existing coal-fired power plants to clean up. The standards will underscore the urgency for the EPA to come up with an effective replacement for the Clean Air Interstate rule, which was set aside by the courts. (They would also provide a strong argument for the... Posted on November 17, 2009 at 01:21 am by Frank O'Donnell, Clean Air Watch
Nov 4
Newsweek: we're "honored" to take oil lobby money and give them a soapbox

A follow up on an earlier item. The blog known as the Talking Points Memo picked up our note about the climate change event co-hosted by the oil lobby and Newsweek. See below. Of particular interest was a response to inquiries by Newsweek, whose director of external relations said Newsweek was "honored" to participate in the event featuring one of its advertisers. Block said that in addition to API, 20-30 of the magazine's other major advertisers have been given an opportunity to co-host... Posted on November 4, 2009 at 11:45 pm by Frank O'Donnell, Clean Air Watch

Rank This Week: 980

Law and the Environment

Covers carbon and emissions trading, CERCLA, climate change, oil spills and risk management. By Scott D. Deatherage of Thompson & Knight LLP.

http://lawandenvironment.typepad.com/law_and_the_environment/

Nov 16
Deatherage Named as the “Dallas Best Lawyers Environmental Lawyer of the Year” for 2010

I was recognized by the Best Lawyers in America and thought I would share this with the followers of this blog, and let you know that I am honored as there are so many excellent environmental lawyers in Dallas. Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Scott D. Deatherage as the "Dallas Best Lawyers Environmental Lawyer of the Year" for 2010. After more than a quarter of a century in publication, Best Lawyers is designating "Lawyers... Posted on November 16, 2009 at 12:44 pm by Scott Deatherage
Sep 23
EPA Issues Final Greenhouse Gas Monitoring and Reporting Rule

/**/ On September 22, 2009, the United States Environmental Protection Agency (EPA) issued its final greenhouse gas monitoring and reporting rule that will require as many as 10,000 facilities in the United States to measure their greenhouse gases (GHGs) and start reporting them in early 2011 (GHG Reporting Rule). Some industry groups had asked EPAfor a delay until 2011 to start monitoring and 2012 to start reporting their GHG emissions. EPA chose not to provide such a delay and regulated... Posted on September 23, 2009 at 03:41 am by Scott Deatherage
Sep 8
Natural Gas Not Getting It's Due in Congress Energy/Climate Debate

A New York Time's article entitled "Natural Gas Hits a Roadblock in New Energy Bill" discusses how natural gas producers have been outflanked by coal producers and coal-fired utilities in obtaining special treatment and incentives in climate and energy bills so far this year in Congress. Congress and some environmental groups favor coal and carbon capture and storage over the use of natural gas to replace some coal use to produce electricity. Natural gas producers are attempting to lobby the... Posted on September 8, 2009 at 07:56 am by Scott Deatherage

Rank This Week: 1011

Sierra Club Greenblawg

Covers environmental law, pollution, and global warming. By the Sierra Club Environmental Law Program.

http://www.sierraclub.org/environmentallaw/blog

Apr 17
Mascots and Motor Trends

Check out Der Spiegel's shrine to Knut the polar bear cub, who shares the US cover of Vanity Fair this month with Leo DiCaprio, but who, in Germany, gets it all to his fuzzy little self. The Berlin Zoo has apparently been mobbed with folks who want to see the little guy in his (un)natural element. Indeed, he's become a sort of de facto mascot of Earth Day 2007. But while folks in Deutschland love the little guy, they also love their cars -- emissions from which are not helping to assure the... Posted on April 17, 2007 at 05:57 am by pat joseph
Oct 12
Mississippi Nukes

Port Gibson, Mississippi is home to one of the first post-Three Mile Island nuclear plants to apply for a license from the Nuclear Regulatory Commission - the so-called "Grand Gulf" nuclear plant. We call it "Grand Goof." A coalition of companies called NuStart has received a federal subsidy of $260 million, as part of the Department of Energy's Nuclear Power 2010 program, just to cover the cost of applying for a construction and operating license at the Grand Gulf site. (This is the entire... Posted on October 12, 2006 at 04:04 pm by Pat Gallagher
Oct 5
Hogs and Justice

Tomorrow I'm giving a speech to the American Bar Association in San Diego about the role of "common law," i.e. tort law, in protecting our environment. Among other things, I plan to tell them how a Jackson County, Missouri jury recently slapped Premium Standard Farms with a $4.5 million nuisance damages verdict. PSF is a major meat producer that operates "concentrated animal feeding operations" in which thousands of hogs or chickens are confined in factory farm facilities. The $4.5 million... Posted on October 5, 2006 at 05:50 pm by Pat Gallagher

Rank This Week: 1189

Green Building Law

Covers legal issues related to green building and sustainable development. By Shari Shapiro.

http://www.greenbuildinglawblog.com/

Nov 19
MSNBC Appearance Discussing Stimulus Money For Green

Many of my readers have requested a clip of Green Building Law Blog's appearance on MSNBC discussing the amount of stimulus funding going to green projects. The link is below: [www.msnbc.msn.com] Posted on November 19, 2009 at 11:59 am
Nov 17
How Green Is Your Stimulus--Year End Check In On Green Spending Under The ARRA

In July, I wrote an analysis of the "green" spending in the American Reinvestment and Recovery Act-ARRA, also known as the "stimulus bill." I concluded that as of July the spending on green programs accounted for only .28% of the total allocation for those programs in the ARRA-- $33.2 million had been paid out for green stimulus programs, and an additional $307 million in public transit dollars. So&#xe2€&#xa6where are we four months later? More money has been paid out--about $1.5 billion--but it pales... Posted on November 17, 2009 at 08:25 am
Nov 16
Shari Shapiro On MSNBC

I know, I said I was going on maternity leave, but before I do so, I will appear on MSNBC tomorrow, November 17, 2009 at 2:30 E.S.T. to discuss green spending through the American Reinvestment and Recovery Act, also known as the stimulus bill. My original post on this topic is available here. Posted on November 16, 2009 at 01:49 pm

Rank This Week: 1238

The Brockovich Report

This blog covers all aspects of consumer and environmental litigation issues and more. Published by award winning Director of Research at Masry and Vititoe, Erin Brockovich.

http://www.brockovichblog.com/

Nov 13
Million Baby Crawl

Remember when the million man march, a vast grassroots movement, conveyed to the world a different picture of the African American man? Move over men, it's baby time. There's another march on the way, only it's not for a million men. It's not a march either--it's the Million Baby Crawl. Seventh Generation has invited me to be a spokeswoman for the Million Baby Crawl, a movement to focus public attention on toxins in household products. Currently the government only tests 200 of the more than... Posted on November 13, 2009 at 03:21 pm by Erin Brockovich
Nov 3
An American Cause

If we had a crystal ball and could see a 60 foot wall of water coming right at us, or an F-5 tornado ready to rip our house off its foundation, would we do something to stop it? Of course we would-unless it is an environmental disaster of our own making. Those we tend to ignore. Environmental disasters need no gypsy fortune-tellers or wizards to reveal ominous portent. All it takes is a little common sense, and people who pay attention. We all need to pay attention because that 60 foot wall of... Posted on November 3, 2009 at 06:15 pm by Erin Brockovich
Jul 24
Disclosure: Just the Facts Ma'am.

With subjects like Gardasil, it's not just that law and science aren't on the same level. It's also that we're all blind mice running in a maze with no idea what path is going to lead us to health, and which path is going to take us toward the farmer's wife with that knife children have been singing about ever since nursery rhymes were put to music. We won't know what we should do now...until 50 or more years from now. Hindsight is priceless. We can look back a few decades and say the polio... Posted on July 24, 2009 at 10:24 am by Erin Brockovich

Rank This Week: 1285

Forestry Law Blog

Covers forestry law in British Columbia. By Christine Mingie.

http://forestrylaw.blogs.com/forestry_law_weblog/

Nov 24
Aboriginal Law Developments in the Oil and Gas Sector -- the Dene Tha' Case

The recent Federal Court of Canada decision addressing the consultation process for First Nations in the oil and gas sector, Dene Tha' First Nation v. Canada (Minister of Environment) 2006 FC 1354, issued on November 10, 2006, may result in a new way of managing the aboriginal consultation process at the federal level with the designation of a federal Chief Consulting Officer. The facts of the case are as follows - in 2000, representatives from several federal regulatory agencies, including... Posted on November 24, 2006 at 06:37 pm by Christine Mingie
Nov 15
Western Forest Products to Close New West Mill

Western Forest Products inc. announced today that it was closing its sawmill in New Westminster, effective February 7, 2007 and re-opening its Saltair sawmill on Vancouver Island, which has been shut since October, 2005. The New Westminster closure will result in the lay-off of 284 employees at that location. Posted on November 15, 2006 at 05:29 pm by Christine Mingie
Oct 24
Gitxsan Sign Agreement with British Columbia

Effective today, the Gitxsan Hereditary Chiefs and the Government of British Columbia have agreed on a new Short-Term Forestry Agreement (the "Agreement"), which you can view here. The Gitxsan already have an Interim Agreement in place and, subsequent to this Agreement, will negotiate another longer-term agreement dealing with the same issues surrounding interim accommodation. This Agreement is quite different from the standard-form Interim Agreement on Forest and Range Opportunities (the... Posted on October 24, 2006 at 06:15 pm by Christine Mingie

Rank This Week: 1324

Environmental Law Prof Blog

By Willamette Univeristy Law Professor Susan L. Smith.

http://lawprofessors.typepad.com/environmental_law/

Oct 4
About Environmental Law Prof Blog

If you are interested in serving as an editor of Environmental Law Prof Blog for the Law Professor Blogs Network, please contact Paul Caron and Joe Hodnicki by email. Posted on October 4, 2009 at 04:50 am by Joe Hodnicki
Sep 23
Conn. v. Amer. Electric Power Co. public nuisance case

John Bonine sent out an immediate e-mail to the ENVLAWPROF listserve, giving a succinct summary of the 2nd Circuit's opinion in the Connecticutt v. American Electric Power Co. public nuisance. He's given me permission to share it with you: An... Posted on September 23, 2009 at 12:13 pm by enr
Sep 23
Here's something to aspire to:

Green Buildings: Is Your City in the Top Ten? The U.S. Green Building Council ranked cities across the country with the most LEED certified green buildings. A total of 88 green buildings makes Chicago number one. Portland and Seattle follow... Posted on September 23, 2009 at 12:07 pm by enr

Rank This Week: 1352

University of Houston Law Center...

University of Houston Law Center Faculty Blog

Covers elections, environmental law and intellectual property.

http://uhlawblog.lexblognetwork.com/

Jan 23
What should we learn from disasters affecting children?

Together with the ABA, the UHLC's Center for Children, Law & Policy has published a book on the effect of the hurricanes of 2005 on children. It is filled with interdisciplinary insights about what happened to children in families, foster care, and the juvenile justice and educational systems. Our contributing scholars have a lot to say about how legal deficiencies inhibited the best short and long term responses and about how to achieve better outcomes the next time disaster strikes. In my... Posted on January 23, 2009 at 02:33 pm
Jan 23
On Grading

/**/ One of the most important faculty functions (apart from the education of budding lawyers) is to appraise the abilities of students based upon a single snapshot known as the "final exam" or "final." The grade ultimately earned by the exam taker reflects the professor's appraisal of the student based solely on what the student wrote on that exam. The difficulty with grading is not with the administering of the final exam, but rather how students and faculty perceive the discourse on grades.... Posted on January 23, 2009 at 07:37 am
Sep 10
Drilling Down Into Gov. Palin's Energy 'Experience'

Say what you will about the selection of Alaska Governor Sarah Palin for the Republican Vice Presidential slot, but one inarguable fact remains: she is the only candidate on either ticket with direct energy policy experience. Palin spent one year as chairwoman of the Alaska Oil and Gas Conservation Commission, and as governor of Alaska she has received positive reviews for her work on energy issues ranging from natural gas pipeline construction to patchy statewide shortages of energy. But if... Posted on September 10, 2008 at 08:17 am

Rank This Week: 1370

Eminent Domain Blog

Covers condemnation and real estate law. By David B. Snyder of Fox Rothschild, LLP.

http://eminentdomain.foxrothschild.com/

Nov 22
Audit Faults Accounting on Philadelphia Anti-blight Effort

A Philadelphia City Controller audit found significant accounting and reporting problems with former Mayor John Street's anti-blight effort, the Neighborhood Transformation Initiative. The 15-month audit determined that millions in bond funds were mismanaged because of a lack of accountability within NTI. The audit found that NTI, as of June 30, 2008, had failed to make nearly $13 million in payments on nearly 1,500 condemned properties awaiting settlement in court. Last year, current Mayor... Posted on November 22, 2009 at 03:17 pm
Sep 21
NAIFA Issues Response To Home Valuation Code of Conduct

The National Association of Independent Fee Appraisers (NAIFA) has issued a response to the Home Valuation Code of Conduct (HVCC). The HVCC became effective for single-family mortgage loans (except government-insured loans) originated on or after May 1, 2009, and delivered to Fannie Mae and has been a source of controversy for appraisers and lending institutions. In its response, the NAIFA acknowledges a lot of the concerns about the HVCC that have been expressed by various segments of the... Posted on September 21, 2009 at 03:18 am
Sep 17
Eminent Domain Remains In The News

There can be no question that eminent domain remains a hot button issue. Regardless of your role in an eminent domain project, it is critical to always be mindful of this fact which was made evident by two recent articles. In one, George Will wrote an op-ed article regarding a Texas case in which an author was sued for defamation regarding her description of the use of eminent domain for a project for a Dallas developer. The author, Carla Main discussed that condemnation project in her book... Posted on September 17, 2009 at 03:44 am

Rank This Week: 1420

New York Zoning and Municipal Law...

New York Zoning and Municipal Law Blog

Covers adverse possession, environmental law, municipal law, zoning and land use. Published by Silverberg Zalantis.

http://blog.szlawfirm.net/

Oct 27
New York Court of Appeals Expands Criteria for Standing to Bring a SEQRA Challenge

The New York Court of Appeals has held that a person who can demonstrate greater enjoyment of a natural resource than the general public has standing under the State Environmental Quality Review Act (SEQRA) to challenge an action by a governmental entity which may threaten such a natural resource. In Matter of Save the Pine Bush v Common Council of the City of Albany, the Court held that both the individual petitioners and the organization had standing to challenge an action that allegedly... Posted on October 27, 2009 at 12:34 pm by Silverberg Zalantis LLP
Oct 11
Failure to Exhaust Adminstrative Remedies Bars Claim for Certificate of Occupancy

In an action to compel issuance of a certificate of occupancy, the Appellate Division upheld the action of a building inspector on the grounds that the property owner had failed to appeal to the zoning board of appeals before starting an action, thereby failing to exhaust its administrative remedies. In Matter of Vinrus v. the Village of Pelham Manor Building Inspector, the building inspector had issued a notice that the property owner was required to obtain a certificate of occupancy for a new... Posted on October 11, 2009 at 03:09 pm by Silverberg Zalantis LLP
Oct 5
Deceitful Conduct May be a Basis for Denial of an Area Variance

The Appellate Division held that under certain circumstances a zoning board may consider deceitful conduct by an applicant in reaching a determination to deny an area variance. In Matter of Caspian Realty, Inc. v Zoning Board of Appeals of the Town of Greenburgh, the court reiterated that a zoning board of appeals may only apply the five criteria set forth in Town Law section 267-b (3) for granting or denying an area variance but "an applicant's deceitful conduct may form the basis for the... Posted on October 5, 2009 at 07:10 am by Silverberg Zalantis LLP

Rank This Week: 1498

Oikos

Covers environmental and economic issues. By David Jeffery.

http://greenomics.blogspot.com

Oct 19
Ken Henry on tax reform

If the tax structure from early last century prevailed today, we would have to raise $40 billion from excise and $230 billion from tariffs to meet today's revenue demand. At that rate the excise on a schooner of beer would be around 7 times what it is today. And I shudder to think how much a television set would cost. That's Treasury head Ken Henry, speaking on lessons from past tax reform experience. Henry is chairing the review of Australia's tax system and he singles out road pricing to... Posted on October 19, 2009 at 10:12 pm by David Jeffery
Oct 16
Climate Change Blog Action Day

Apparently today is Blog Action Day for Climate Change and I thought I'd throw it open to my wonderful blog readers. I find myself alternatively optimistic and despairing on climate change. How bad is it going to be? Are we going to do what it takes to avoid the worst? And what do you think is going to be the most help? People and communities and businesses taking action themselves? National governments agreeing on strong action at Copenhagen and setting up strong domestic laws, like emissions... Posted on October 16, 2009 at 01:40 am by David Jeffery
Oct 8
What's the Opposition's climate policy?

I saw Maclolm Turnbull interviewed the other night saying that he supported emissions trading and reminding people that emissions trading was indeed government policy under the previous Howard Liberal government when Turnbull was Environment Minister (it was pretty token and very very late if I remember rightly). He also said that it had been on their "legislative program" to introduce (I guess they ran out of time; 11 years in government only gives you so much time to make new laws). He said... Posted on October 8, 2009 at 01:35 am by David Jeffery

Rank This Week: 1505

Nimonik

Covers Canadian environmental and energy law.

http://www.nimonik.ca

Nov 22
The plain language of waste

In this weekend's La Presse, Fran&#xc3&#xa7ois Cardinal wonders why governments always play with words when making policy for what to do with our waste. After several revisions to its policy on "residual materials" (read waste), the Quebec government has reinvented the language of waste management. Instead of "dump" we say "sanitary landfill". We no longer "recycle", we "valorize". Yes, it's as silly as calling bald people follicly challenged, but the sad reality is that many governments (Quebec is by... Posted on November 22, 2009 at 03:37 pm by Yves Faguy
Nov 22
Ships pollute far more than cars

Just came across an interesting article discussing the ecological disaster that is shipping. This largely has to do with the use of "bunker fuel" - a very low grade, high sulphur, diesel that is used by ships around the world. The article claims 16 large tankers produce more pollution than all the cars in the world. See the article here. Posted on November 22, 2009 at 10:59 am by Jonathan Brun
Nov 19
Less amazonian deforestation

Progress is being made on reducing deforestation in the Amazonian rainforest. This is being done through satellite monitoring of ranches and the enforcement of laws and regulations. In fact, deforestation in 2008 was at its lowest level since monitoring began in 1988 - promising news. The reality is that the enforcement of laws drives behaviour and to have a real impact the government must be tough. Article in the New York Times here. Money quote from Robert Cleary, author of a report on... Posted on November 19, 2009 at 05:28 am by Jonathan Brun

Rank This Week: 1719

Legal Planet

Covers environmental law and policy. By Berkeley Law and UCLA Law.

http://legalplanet.wordpress.com

Nov 22
The Challenge of Regulating the Ordinary

The title is a play on a great paper of Holly's about the converse challenge of saving the ordinary. Whether the ordinary is good or bad, however, it tends to escape our interest and attention because it's so darn . . . ordinary. Case in point: nitrogen pollution. We emit a lot of nitrogen oxides into [...] Posted on November 22, 2009 at 03:55 am by Dan Farber
Nov 21
This Week on Legal Planet

Nov 19 Polar Bears. Wolves. Sea Turtles. The most popular posts on our blogs feature those subjects, along with fetching pictures. Some people dismissively refer to such creatures as charismatic&#xe2€&#xa6 [read more] Nov 19 A Lot of Hot Air One of the arguments that pro-"cap and traders" like to make against a carbon tax is that [...] Posted on November 21, 2009 at 09:50 am by Claire Van Camp
Nov 19
Polar Bears. Wolves. Sea Turtles.

Polar Bears. Wolves. Sea turtles. Did I mention polar bears, wolves, and sea turtles? The most popular posts on our blogs feature those subjects, along with fetching pictures. Some people dismissively refer to such creatures as charismatic megafauna, as if there were something wrong with people being attracted to some of nature's coolest denizens. But the attraction [...] Posted on November 19, 2009 at 05:31 pm by Dan Farber

Rank This Week: 1746

Animal Rights Blog

Covers farm animals, wildlife, politics and law. By change.org.

http://animalrights.change.org

Nov 21
What Kind of a Person Eats Katie the Lamb?

When Chad Miller of Food Fight! Vegan Grocery in Portland, OR, shared this image last month, I immediately wanted to share it with you, but it wasn't yet available in its intended form -- as a t-shirt -- so I waited. Now that the shirt is here in all its glory, I'm glad to share. It's funny, sad, adorable, and somewhat coarse all at the same time. I love it. And it's interesting how much difference one tiny word -- one article, "a" -- can make, isn't it? People don't talk about eating "a lamb."... Posted on November 21, 2009 at 06:35 am by Stephanie Ernst
Nov 20
Friday Food: Pot Pies, Stuffing, Cakes, Scones, and Tarts

The first section of this week's Friday Food fest includes several autumny, holiday-ish vegan recipes if you're still looking for ideas for compassionate contributions to gatherings with family and friends next week. There will be more related to the upcoming holiday(s) later, of course, but for now, the weekly roundup: Celebration Pot Pie with Pumpkin Biscuit Crust from FatFree Vegan Kitchen (photo at left courtesy of Susan at FFVK) Apple Cake With Caramel-Pecan Glaze from Holy Cow! Vegan... Posted on November 20, 2009 at 06:00 am by Stephanie Ernst
Nov 19
Compassionate Giving Does Not Involve Cruelty to Goats

Prepare yourselves for the frustrating, fellow animal advocates. The spoof music video here is being circulated as a promo for an effort called "I Want a Goat." (The only words more frequent in the music video than "I want a goat" are "motherfucker" and "motherfucking.") The video features two groups who deserve our consideration: villagers from eastern India who are living in poverty and sweet-faced young goats, who the lyrics shout will bring in "all those profits when [villagers] sell... Posted on November 19, 2009 at 02:09 pm by Stephanie Ernst

Rank This Week: 1811

Renewable + Law

The climate policy, renewable energy, and sustainability blog. Published by Stoel Rives, LLP.

http://www.lawofrenewableenergy.com/

Nov 20
Will Wyoming Tax Electricity Generated From Wind Energy Projects?

On November 18, 2009, the Wyoming interim Joint Revenue Committee (the "Committee") considered two bills, each of which proposed to tax wind generated electricity. Neither bill passed the committee on tie votes of 6-6 (4-4 House members and 2-2 senate members). One of the bills sponsored by Sen John Schiffer, R-Kaycee, chairman of the Committee (legisweb.state.wy.us/interimCommittee/2009/10LSO-0126w4.pdf) proposed a tax of $.0010 upon each kilowatt hour for electricity produced and sold in the... Posted on November 20, 2009 at 04:14 pm
Nov 12
Upcoming Webinar: The Treasury Grant Program - Follow-up and Q&A

Join us for Structured Tax Incentives Part Deux! Our follow-up webinar will again include Vicky McDowell, Chief Administrator of the Treasury ITC Grant program. Unlike the first session, we will not use a formal presentation; instead, we will cover in greater detail the issues raised in your comments and will attempt to answer as many of your questions as we can. We invite and encourage you to submit questions to us in advance. Please email your questions by Monday, November 16, to Nicole Lyman... Posted on November 12, 2009 at 02:07 pm
Nov 11
California Solar Initiative issues Second Grant Solicitation

The California Solar Initiative ("CSI") has announced the release of a second Grant Solicitation for its Research, Development, Demonstration, and Deployment Program. Up to $15 million in funding is available for improved PV production technologies and innovative business models. Eligible applicants include individuals, businesses, public entities, non-profit institutions, universities, or national laboratories. Award amounts will range from $200,000 up to $3 million. Each project is required... Posted on November 11, 2009 at 08:04 am

Rank This Week: 1871

Texas Metal Recycling Law Blog

By Matthew Sanderson.

http://lrmlawblog.com/metalrecycling

Nov 20
5 Simple Tips To Resolve Conflict At Work (Or Anywhere)

Let's be honest: sometimes the holidays bring out the worst in us. Whether it's that family member you only see once a year (for a reason) or the hustle and bustle of all the extra things that go into it, the holidays can make us crazy. Holiday or not, I deal with conflicts everyday as an attorney, and these conflicts can cost my clients quite a bit, even when they are right. Therefore, with Thanksgiving just around the corner, I thought I'd take a moment to share some tools that can help you... Posted on November 20, 2009 at 02:03 pm by Matthew Sanderson
Nov 9
The Biggest Contract Mistake & How To Avoid It

The ugly truth is that people make mistakes every day when they sign contracts for their companies. What's worse is that many people don't even realize that they are making a mistake. This particular mistake can cost your company thousands of dollars in legal fees. This mistake can cost you personally in legal fees and damages, and it could potentially cost you your job as well. This blog post will help you avoid this common mistake. What's The Mistake? The mistake is that people just sign... Posted on November 9, 2009 at 08:46 am by Matthew Sanderson
Nov 2
Who Really Owns Your Company’s Name?

Of course, your company owns its own name, right? Maybe not. The reality is that many companies think they own the rights to their corporate name, when in fact they could be infringing on the rights of other companies. There are at least two sources for this confusion. The first comes from the corporate name filing requirements of each individual state. The second source of confusion comes from the rights of other people. Each is discussed in more detail below, and some strategies to keep your... Posted on November 2, 2009 at 02:25 pm by Matthew Sanderson

Rank This Week: 1888

Green Building Law Update

Covers green building trends and regulations for the construction, design and insurance industries. By Chris Cheatham.

http://www.greenbuildinglawupdate.com/

Nov 20
Energy Reductions in the Navy

My colleague Steve McBrady and I recently presented "Green Building in the 21st Century" at the national conference of the Construction Users Roundtable. Our slideshow is available below. Our primary message was that the federal government's investment of $25 billion in green building projects, through the American Recovery and Reinvestment Act will prop up the green building industry for the next few years. Other presentations by government officials regarding federal construction projects... Posted on November 20, 2009 at 11:41 am
Nov 16
Starbucks Announces LEED Initiative

[Ed. Note: written by Steve McBrady] Starbucks coffee has always been an integral part of what we do here at Green Building Law Update. Until now, it was primarily a means of keeping our readers awake while we write endlessly on Green building and sustainable development in government contracts and in commercial construction, or discuss emerging Green regulatory issues. Today, however, Starbucks has moved front-and-center for another reason - the announcement, on November 12, 2009, that as of... Posted on November 16, 2009 at 03:13 am
Nov 13
Green Building Litigation All But Certain

The primary theme of Green Building Law Update is green building litigation will develop. To date, one of the rare examples of green building litigation is Shaw Development v. Southern Builders, a case that involved a project's failure to achieve LEED certification in a timely matter. Other examples of green building disputes are sparse. But I am confident the litigation will develop. A recent article, "'Green' projects create new exposures", suggests others agree: "There is certainly going to... Posted on November 13, 2009 at 05:57 am

Rank This Week: 1920

eNewsUSA

Provides national and international environmental law news. By Waste Information & Management Services, Inc. (WIMS).

http://enewsusa.blogspot.com/

Nov 20
UN Predicts Copenhagen Accord & Treaty Within 6 Months

Nov 19: November 2009 - With just 17 days left before the United Nations climate change summit in Copenhagen, Executive Secretary of the UN Framework Convention on Climate Change (UNFCCC), Yvo de Boer predicted success for a framework accord including "specific reduction targets from the United States, the only hold-out among industrialized nations, with a formal treaty to follow within six months." At a news conference in New York, de Boer said, "There is no doubt in my mind whatsoever that it... Posted on November 20, 2009 at 08:41 am by WIMS
Nov 19
U.S. & China Sign Memo On Collecting Reliable GHG Data

Nov 19: In addition to other climate change and energy agreements with China signed this week [See WIMS 11/17/09], U.S. EPA and China's National Development and Reform Commission (NDRC) have also formalized a Memorandum of Cooperation (MOC) to enhance capacity to address climate change (i.e. greenhouse gas (GHG) measurement, monitoring, reporting). Signing the Memorandum were EPA Administrator Lisa Jackson and NDRC Vice Chairman Xie Zhenhua. The MOC was signed by Jackson on November 17, 2009,... Posted on November 19, 2009 at 07:43 am by WIMS
Nov 18
Hearing On International Aspects Of Global Climate Change

Nov 17: The Senate Energy & Natural Resources Committee, Chaired by Senator Jeff Bingaman (D-NM), held a hearing "to explore the international aspects of global climate change." Witnesses included representatives from the Council on Foreign Relations; Climate Advisers; Institute for 21st Century Energy, U.S. Chamber of Commerce; Carnegie Endowment for International Peace; and the National Foreign Trade Council. Chairman Bingaman opened the meeting with a statement saying, "Much of the... Posted on November 18, 2009 at 07:36 am by WIMS

Rank This Week: 1955

Greenversations

Official blog of US EPA.

http://blog.epa.gov/blog

Nov 20
Passion and Action - President’s Environmental Youth Awards

Do you have a passion for the environment? Have you put the passion into action? Well, you need to let us know and learn about the President's Environmental Youth Award (PEYA). PEYA is an award program for students K - 12th grade. Whether you completed an environmental awareness project as an individual, a group, or class, you are eligible, and encouraged, to apply. I have been managing the PEYA program in EPA's Region 1office for over 5 years. It is one of my favorite programs in the agency... Posted on November 20, 2009 at 07:30 am by bteam
Nov 19
How Do You Check Your Local Air Quality?

Hey Pick 5'ers, it's time again for you to share what you've done and how you did it. If you haven't done it yet, Pick 5 for the Environment and then come back to comment. Today we cover action #6: how do you check your local air quality? Please share your stories as comments below. Local air quality affects how you live and breathe. It's like the weather; it can change from day to day. When I purchased my home years ago I really was thinking about the money I would save by heating with the... Posted on November 19, 2009 at 12:00 pm by dowens
Nov 19
The Future: Energy-Producing Diapers

As I was listening to the radio the other day, I heard a very interesting report on diaper recycling/fuel production. Yes, you read correctly. This company in the UK is recycling soiled diapers and producing green fuel. As part of the recycling process, the materials are sterilized, separated into individual components which include organic residue, plastic and super absorbent polymers. These components are then recycled into plastic wood, plastic roofing tiles, absorption materials, recycled... Posted on November 19, 2009 at 07:30 am by lyounes

Rank This Week: 1976

National Forest Legal News Blog

Focuses on legal issues and cases affecting national forest management and policy. By Ryan L. Woody.

http://www.nationalforestlawblog.com/index.htm

Nov 20
Wisconsin Environmentalists Hold Suprise Meeting

Wisconsin - Habitat Education Center and Chicago's Environmental Law and Policy Center held a surprise public meeting on Forestry issues in Madison led by Democrat Joe Parisi. The Ruffed Grouse Society was not invited. Wisconsin County Forest Association was not invited. It was essentially a little environmental dog and pony show. You can view the de facto press conference here . So what was the reason? It's subtle. The environmentalists are interested in challenged any WDNR action. Instead... Posted on November 20, 2009 at 07:20 am
Nov 19
Environmentalists File Suit Challenging Projects' Effect On Grizzly Habitat

Montana - Alliance for the Wild Rockies has filed suit alleging the Forest Service's failure to consider impacts from small logging projects on the Grizzly Bear's habitat in the Kootenai National Forest. The challenged projects are in Northwestern Montana and Northern Idaho. You can read about the lawsuit at Courthouse News Service or view the complaint here. Posted on November 19, 2009 at 06:13 pm
Nov 17
Sarah Palin To Headline Logging Conference

California - The San Jose Mercury News reports that Sarah Palin will kick of the Northern California logging conference in Redding, CA on February 8, 2010. Posted on November 17, 2009 at 06:39 pm

Rank This Week: 1980

Blog about law library, library events, legal writing and research, online legal resources, government documents, digital information, environmental law, courts and decisions, current news, legal trends and more.

http://pacelawlibrary.blogspot.com/

Nov 20
2009 Federal Sentencing Guidelines Manual

The 2009 Federal Sentencing Guidelines Manual is available. It is effective as of November 1, 2009.[The manual] is available in HTML and Adobe .PDF formats (large file and broken into chapters), which can be viewed, downloaded or printed via the website. Posted on November 20, 2009 at 02:47 am by Lucie
Nov 17
Green Websites

Via Telegraph.co.uk, the following is a list of Best Green Websites providing online advice to help to live green, buy green, and change the world.RecycleNowWhatDoTheyKnowTheHungerSiteBlackleFixMyStreetWorldchangingBBC BloomKarmaWishDo-itFreeRice Posted on November 17, 2009 at 04:29 am by Lucie
Nov 17
European Monitoring Centre for Drugs and Drug Addiction - Annual Report 2009

The 2009 Annual Report is available in 15 languages.In this publication the reader will find the latest facts, figures and trends on drugs in Europe, collected in the annual report of the EU drugs agency, the EMCDDA. The report offers an overview of the drug situation across the 27 EU Member States, Croatia, Turkey and Norway, and details the current legal, political, social and health responses. Posted on November 17, 2009 at 04:11 am by Lucie

Rank This Week: 2041

Seed Law

Covers legal issues affecting the seed industry, including the IP rights to seeds. By Gillon & Associates, PLLC.

http://seedlaw.blogspot.com/

Nov 20
Canadian Inventor Sues State Research Universities

I like to toss "seed lawsuit" in the google search bar on occasion to see what's going on in the world-at-large beyond the comfortable confines of my office here in suburban Memphis, TN. I came across a story that I have posted on the reciprocal situation in the past. This time a Canadian inventor company sued three state universities from infringement. Duh-duh-duh-duuun, the plot has thickened on the agricultural patent landscape, and now no one is safe. The full story can be found here, but I... Posted on November 20, 2009 at 01:35 am by Agrilawyer
Oct 26
Comment Period extended for High-oleic acid soybean

Animal and Plant Health Inspection Service (APHIS) has sent out notice that it is extending the comment period for Pioneer Hi-Bred International's high-oleic acid soybean petition for nonregulated status. The original petition that was posted to go with the initial period was found to be the incorrect petition, so the comment period has been extended to December 28, 2009. The comment period is also extended for the Environmental Assessment (EA) and the Plant Pest Risk Assessment. The Federal... Posted on October 26, 2009 at 02:33 am by Agrilawyer
Oct 22
Mexico Issues First GM Corn Permits

According to a Reuters article from last week, The Mexican Agriculture Ministry will issue two permits to grow experimental plots of GM corn in regions where there are no native corn varieties. This will put the "birthplace" of corn in the hotbed of controversy over GM foods, but many feel it will help with productivity. The article further states that some Northern Mexico farmers were getting in the game early by illegally growing GM corn prior to any government approval of permits.... Posted on October 22, 2009 at 08:33 am by Agrilawyer

Rank This Week: 2053

Aviation and Airport Development...

Aviation and Airport Development Law

Covers aviation law issues, including federal environmental and transportation regulations. By Chevalier, Allen and Lichman, LLP.

http://www.aviationairportdevelopmentlaw.com/

Nov 19
Seeking to Overturn the Dismissal of its Challenge to the East Coast Airspace Redesign, Delaware County, Pennsylvania, Files Petition for Certiorari to the U. S. Supreme Court

On Tuesday, November 17, 2009, Chevalier, Allen & Lichman filed a Petition for Writ of Certiorari to the United States Supreme Court on behalf of its client County of Delaware, Pennsylvania ("Delaware"). The Petition asks the Court to reverse the decision of the D.C. Circuit Court of Appeals in County of Rockland, New York, et al. v. Federal Aviation Administration, et al., and remand to the Federal Aviation Administration ("FAA") for a decision consistent with Congress' intent and... Posted on November 19, 2009 at 11:35 am
Nov 18
November 18, 2009 - Aviation and Airport Development Updates

/**/ A summary review of Aviation and Airport Development related news and information that was made public during the past week. These were all first posted, in abbreviated form, on [twitter.com]. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every Wednesday, please send an e-mail to subscribe@calairlaw.com with the word "subscribe" in the subject line. Airbus A319 Drops Parts on Dallas. --- Associated Press, November... Posted on November 18, 2009 at 03:38 pm
Nov 13
November 13, 2009 - Aviation and Airport Development Updates

A summary review of Aviation and Airport Development related news and information that was made public during the past week. These were all first posted, in abbreviated form, on [twitter.com]. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every Monday, please send an e-mail to subscribe@calairlaw.com with the word "subscribe" in the subject line. FAA: 2 Planes Came Within 90 Feet on Ground at LAX. --- Associated Press,... Posted on November 13, 2009 at 10:24 am

Rank This Week: 2129

Ohio Environmental Law Blog

Covers environmental regulation and policy topics, such climate change, air regulation, wetlands and water pollution. By Joseph P. Koncelik of Frantz Ward LLP.

http://www.ohioenvironmentallawblog.com/

Nov 19
Basics of Brownfield and Pollution Liability Insurance

Whether you are redeveloping a former manufacturing site or you operate a business on a contaminated site, the liability risks associated with releases of hazardous substances are significant. With the unknowns and surprises associated with environmental clean up the future of your business could be at risk without proper protections. There are a range of insurance products that can be essential to businesses looking to minimize such risks. Insurance products can provide coverage against... Posted on November 19, 2009 at 04:37 am
Nov 11
Cleaning Up Midwest Fine Particulate Pollution- Reliance on CAIR Misplaced

/**/ A new report regarding fine particulate pollution in the Midwest shows that achieving compliance with federal air quality standards is linked to U.S. EPA's fix for the Clean Air Interstate Rule (CAIR). The Lake Michigan Air Director's Consortium (LADCO) released its white paper discussing recommendation on addressing fine particulate (p.m. 2.5) pollution in the Midwest. The white paper includes these major findings: The air quality studies demonstrated that high daily PM2.5 concentrations... Posted on November 11, 2009 at 07:59 am
Nov 5
Growing Wave of Climate Change Tort Suits Create Uncertainty

Two federal appeal courts (Fifth and Second Circuits) have issued decisions that will allow lawsuits to proceed that assert common law tort claims based on business contribution to climate change. Comer v. Murphy Oil USA Inc. is the second decision in the last two months to allow claims to proceed. Earlier in October, the Second Circuit allows a federal common law tort claim to proceed in Connecticut v. American Electric Power. In Comer, Mississippi coastal residents, following hurricane... Posted on November 5, 2009 at 01:40 pm

Rank This Week: 2193

Louisiana Coastal Wetlands Blog

Information and updates on the loss of coastal wetlands in Louisiana. Published by Eric P. Rapp of Kean Miller.

http://www.louisianacoastalwetlands.com/

Nov 18
Corps of Engineers Loses MRGO Lawsuit

United States District Judge Stanwood Duval, Jr. of the United States District Court for the Eastern District of Louisiana has found the federal government through the Army Corps of Engineers liable for their negligent maintenance of the Mississippi River Gulf Outlet (MRGO) allowing flooding damage during Hurricane Katrina in the Lower Ninth Ward and St. Bernard Parish. The immediate damage award for the six trial plaintiffs is less than $750,000 and the judge ruled against plaintiffs in East... Posted on November 18, 2009 at 10:42 pm
Oct 2
Fifth Episode of Category Five/Wetland Watch Airs Tonight

The fifth episode of Category Five/Wetlands Watch will be on WLAE-TV at 8 PM on Friday October 2nd. Category Five/Wetlands Watch is a PBS series concerning coastal restoration efforts in Louisiana. The show is an examination of the problems and challenges associated with Louisiana coastal land loss and efforts to protect and restore the coast. The fifth episode includes an interview with Garret Graves. Graves is the Director of Governor Jindal's Office of Coastal Activities and Chairman of the... Posted on October 2, 2009 at 02:03 pm
Sep 30
America's Energy Coast Hearing in New Orleans

I attended the America's Energy Coast hearing today at the Intercontinental Hotel in New Orleans. I want first to thank the various members of the oil and gas industry for appearing and explaining what is happening with regard to their businesses in coastal Louisiana and along the northern Gulf of Mexico generally. The information that they have provided is invaluable to the larger issues that I will discuss below. Nevertheless, I left the hearing with feelings of hope and disappointment. I am... Posted on September 30, 2009 at 10:59 pm

Rank This Week: 2212

Kentucky Environmental Matters

Covers Kentucky environmental law matters, including pollution, human health and toxic torts. By Jeffrey M. Sanders.

http://jeffreymsanders.wordpress.com

Nov 18
Kentucky environmental attorney Sanders salutes Drew Harris of NKU as he runs in the NCAA Div. II Cross Country National Championship!!

Please join me in wishing Drew Harris the best of luck this weekend as he will be the lone NKU representative running in the men's 10,000 meter championship race this weekend in Evansville, IN. For those of you interested in making the trip to University of Southern Indiana, it is a relatively painless 3 1/2 [...] Posted on November 18, 2009 at 01:47 pm by Lawyer Sanders
Nov 17
Kentucky attorney Sanders reminds attorneys of duty to redact private information from electronically filed documents in federal court.

Attorneys using the Judiciary's Case Management/Electronic Case Files (CM/ECF) system will find they must acknowledge a reminder to redact private information from documents before they access the system. It is part of the Judiciary's on-going effort to protect privacy in publicly accessible court records by reminding attorneys that it is their responsibility to comply with [...] Posted on November 17, 2009 at 01:11 pm by Lawyer Sanders
Nov 17
Kentucky environmental attorney Sanders says poor economy for large lawfirms is driving up applicants for federal court law clerks.

A total of 401,576 electronic applications from lawyers seeking jobs as federal court law clerks were received in fiscal year 2009, a 66 percent increase from the 241,529 applications received in 2008 via the Online System for Clerkship Application and Review (OSCAR). The applications were filed by 10,722 applicants who were competing for the 1,244 clerkship [...] Posted on November 17, 2009 at 01:06 pm by Lawyer Sanders

Rank This Week: 2238

Climate Change Attorney Blog

Covers climate change, greenhouse gases, and environmental regulations. By Silverberg Zalantis LLP.

http://www.climatechangeattorney.com/

Nov 18
Study Finds 29% Increase in Carbon Dioxide Emissions Since 2000

The Global Carbon Project issued its "Carbon Budget 2008" yesterday which concludes, among other things, that carbon dioxide emissions have increased by 29% since 2000. In addition, the emissions are 41% above 1990 levels, which is the Kyoto reference year. The summary of the report also notes that coal is the largest source of carbon dioxide emissions and that 90% of the increase in emissions from coal are the result of increased use of coal by China and India. Posted on November 18, 2009 at 09:35 am by Silverberg Zalantis LLP
Nov 14
NCAR FInds Record High Temperatures Signal Climate Change

The National Center for Atmospheric Research (NCAR) released a study on Friday of millions of readings, going back as far as 1950, from 1800 weather stations throughout the United States, which show a significant increase of record high temperatures in relation to record low temperatures. As noted in a press release about the findings: "[I]f temperatures were not warming, the number of record daily highs and lows being set each year would be approximately even." Instead, the study shows that... Posted on November 14, 2009 at 10:40 am by Silverberg Zalantis LLP
Oct 15
Catlin Arctic Survey And World Wildlife Fund Predict Ice Free Arctic Summers

A report by the Catlin Arctic Survey and the World Wildlife Fund based upon an expedition to the Arctic this summer predicts significant loss of summer ice within ten years and the disappearance of ice during the summers within as little as 20 years. The report details the findings and implications from the loss of summer ice in the Arctic. The Executive Summary to the report notes in part" "In addition to the regional consequences of arctic climate change are its global impacts. Acting as the... Posted on October 15, 2009 at 10:33 am by Silverberg Zalantis LLP

Rank This Week: 2276

PA Brownfields Environmental Law

Information and developments in Brownfields and Pennsylvania Environmental Law. Published by Joel Bolstein of Fox Rothschild.

http://pabrownfieldsenvironmentallaw.foxrothschild.com/

Nov 17
PADEP Budget Cuts

Word out today that PADEP has to cut 120 jobs as a result of the recent budget. I'm told that the final word on which employees are being cut will come out on Friday. I feel for my friends within the Department, both management and staff. This cannot be an easy time for anyone. Posted on November 17, 2009 at 01:30 pm
Nov 13
Proposed Regulations on High TDS Discharges Now Out for Public Comment

The Notice of Proposed Rulemaking for the proposed regulations on Discharges of High Total Dissolved Solids (TDS) was published in the Pennsylvania Bulletin on November 7, 2009. The comment period on the proposed regulations runs through February 5, 2010, and PADEP has scheduled four public hearings to take place in December. If everything runs according to the Department's stated timetable, the new regulations would take effect on or before January 1, 2011. I've written about the potential... Posted on November 13, 2009 at 12:21 pm
Nov 2
Despite Cuts, ISR Funding is Available for Brownfield Sites

I spoke with Scott Dunkelberger at PADCED today to see if he still has funds available for assessments and remediation grants. Scott says that the General Assembly transferred approximately $5 million from Growing Greener 2 into the ISR Fund, so he's in good shape. The most recent budget zeroed out approximately $500,000 that had been annually appropriated for assessments under Act 4, but there is still plenty of state money available for environmental assessments and remediation at brownfield... Posted on November 2, 2009 at 12:31 pm

Rank This Week: 2345

SPR Environmental Law Blog

Provides environmental law news and updates. By Sive, Paget & Riesel.

http://blog.sprlaw.com

Nov 17
Six SPR Attorneys are Named as 2009 Super Lawyers

Six SPR partners have been honored as top environmental attorneys in the New York Metro area by Super Lawyers Magazine for 2009. Super Lawyers is a listing of "outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement." Michael Bogin, Mark Chertok, and Jeffrey Gracer were named as among the best lawyers in the environmental field, and David Paget, Daniel Riesel, and Steven Russo were honored in the environmental... Posted on November 17, 2009 at 08:20 am by Jessica Steinberg
Nov 17
Newslink: Why New York City is the Greenest Place in the U.S.

Yale Environment 360 features a piece on why New York City is greener than Vermont, which was recently ranked as the greenest place in the U.S. by Forbes magazine. David Owen, writer for the New Yorker, argues that Forbes got it wrong, and that New York City is in fact a greener location. Owen writes that the efficiencies created by population density make New York the most ecologically-friendly place to live. Of course, many New Yorkers do not own or drive cars, relying instead on public... Posted on November 17, 2009 at 07:13 am by Ashley S. Miller
Nov 13
SPR Partner Pamela Esterman To Receive Founders Award From the Kheel Center for the Resolution of Environmental Interest Disputes

On November 16, 2009, SPR partner Pamela Esterman will receive the Founders Award from the Theodore W. Kheel Center on the Resolution of Environmental Interest Disputes. The Kheel Center was launched in April 2008 to train lawyers in environmental dispute resolution, and is housed at Pace Law School in White Plains, New York. The mission of the center is to promote the use of non-traditional forums to resolve environmental disputes. Pam Esterman is Co-Chair of the Advisory Committee for the... Posted on November 13, 2009 at 01:05 pm by Ashley S. Miller

Rank This Week: 2372

Climate Change and Carbon...

Climate Change and Carbon Management Blog

Covers carbon capture and sequestration, clean tech, carbon markets, and renewable energy. By Alston + Bird LLP.

Nov 17
Change of Mind for Copenhagen

With the climate change meetings in Copenhagen now less than a month away, it appears the goal of the meetings could be changing. The meetings next month were expected to result in a legally binding treaty among many nations to reduce their greenhouse gas emissions. Instead, it looks like talks next month will result in political declarations to cut emissions and on financing issues, rather than a legally binding agreement. Many believe that hopes for a legally binding treaty will be pushed to... Posted on November 17, 2009 at 07:50 am
Nov 17
U.S.-China Announce Clean-Tech Agreement

United States President Barack Obama and Chinese President Hu Jintao announced they have reached a clean-tech agreement. The agreement is aimed at increasing energy efficiency and renewable energy, and would create a US-China clean-tech research center. President Obama spoke on the agreement saying, "As the two largest consumers and producers of energy, there can be no solution to this challenge without the efforts of both China and the United States." The US-China Clean Energy Research Center... Posted on November 17, 2009 at 07:48 am
Nov 17
Webb and Alexander Introduce Bill

Sens. Jim Webb (D-VA) and Lamar Alexander (R-TN) have introduced new climate change legislation as an alternative to the current cap-and-trade legislation. The bipartisan legislation calls for funding increases for clean energy technology. The "Clean Energy Act of 2009" would increase the DOE's loan guarantee authority to $100 billion and provide $750 million per year for five "mini-Manhattan" projects. Posted on November 17, 2009 at 07:44 am

Rank This Week: 2376

The New Carbon Cycle

Covers laws and policies surrounding climate change, carbon trading and markets, and renewable energy. By Scott Deatherage of Thompson & Knight LLP.

http://lawandenvironment.typepad.com/newcarboncycle/

Nov 17
EPA Holds Hearings on Proposed Greenhouse Gas Regulation under Clean Air Act

The US Environmental Protection Agency (EPA) is holding hearings this week on it proposed "Tailoring Rule ", that would regulate certain sources that emit more than 25,000 tons of carbon dioxide... [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 17, 2009 at 05:54 am by Scott Deatherage
Nov 16
Deatherage Named as the “Dallas Best Lawyers Environmental Lawyer of the Year” for 2010

I was recognized by the Best Lawyers in America and thought I would share this with the followers of this blog, and let you know that I am honored as there are so many excellent environmental lawyers... [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 16, 2009 at 12:45 pm by Scott Deatherage
Nov 12
EPA Reportedly Has Sent the Final Endangerment Finding on Greenhouse Gases to the White House for Final Review

EPA earlier this year proposed its endangerment finding under the federal Clean Air Act in response to the U.S. Supreme Court's finding in Massachusetts v. EPA that permitted EPA to regulate... [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 12, 2009 at 06:32 am by Scott Deatherage

Rank This Week: 2395

Becker's Iowa Environmental Law...

Becker's Iowa Environmental Law Update

Covers Iowa environmental law topics, including CERCLA, case law, Clean Air Act, Clean Water Act and Superfund. By Charles Becker.

http://www.iowaenvironmentallawupdate.com/

Nov 23
The SCARLETT Letter of Operator Liability

When it rains, it pours, and right now there's a veritable typhoon of Superfund liability cases. On September 30, 2009, the federal district court in Georgia ruled on several summary judgment motions in Scarlett & Associates, Inc. v. Briarcliff Center Partners, L.L.C. The primary question was whether a property management service could be liable for remedial costs under CERCLA and/or RCRA. The Court said yes to both. The property in question was a strip mall that housed a leaking dry... Posted on November 23, 2009 at 04:45 pm
Nov 16
Top Environmental Law Blogs

Many thanks to Michael Foti at Attorney.org for including this blog in the list of "Top Environmental and Land Use Law Blogs." The primary focus of Attorney.org is to raise awareness and take stands on pressing issues in an effort to fight for change. They have decided to focus some of their resources on the environment and land use and have spent what appears to be a considerable amount of time researching the available law blogs. If you like to see good writing on very current environmental... Posted on November 16, 2009 at 02:46 pm
Nov 10
City Superfund Liability Goes Down the Drain

In September of 2009, the federal district court for the Eastern District of California issued a ruling in Adobe Lumber, Inc. v. Hellman. If the holding catches on, it should scare the sewage out of every city in the country. The facts are fairly unremarkable as Superfund facts go. Between 1974 and 2001, a shopping center, owned by Adobe Lumber, housed a dry cleaning business. A floor drain from the dry cleaners connected to the sewer system for the City of Woodland, California through a waste... Posted on November 10, 2009 at 02:29 pm

Rank This Week: 2421

Hawaii Land Use Law & Policy

Commentary and insight on the complex, multifaceted area of land use in Hawaii. By Jesse Souki.

http://hilanduse.blogspot.com/

Nov 15
RFP Posted for Environmental Review Contract to Support Interisland Wind and Undersea Cable Project

The state recently posted a request for proposals ("RFP") for environmental studies to support the Interisland Wind and Interisland Cable projects. The Interisland Cable is intended to connect wind facilities on the islands of Molokai and Lanai to Oahu, with a phased expansion to Maui. The Interisland Cable project is part of the Energy Agreement signed by the State Division of Consumer Advocacy of the Department of Commerce & Consumer Affairs, and Hawaiian Electric Companies ("HEC"), on... Posted on November 15, 2009 at 07:20 pm
Nov 15
NAR Reports Pending Home Sales Rise for Eight Consecutive Monthly Gains

The National Association of Realtors (NAR) reported that Pending home sales rose again, marking eight consecutive monthly gains-the longest streak since measurement began in 2001. NAR's index is released during the first week of each month and is designed to be a leading indicator of housing activity. The index measures housing contract activity, based on signed real estate contracts for existing single-family homes, condos and co-ops. Posted on November 15, 2009 at 06:44 pm
Nov 9
Does Your Project Trigger the Endangered Species Act?

The Office of Environmental Quality Control (OEQC) recently posted a collection of native and invasive species flash cards on its web site. According to the Bishop Museum, there are more endangered species per square mile in the Hawaiian islands than any other place on the planet. For example, of the more than 140 Hawaiian bird species and subspecies present in the Hawaiian islands prior to human contact, more than half have been lost to extinction. Among the remaining 71 endemic bird species,... Posted on November 9, 2009 at 08:28 am

Rank This Week: 2468

WE-blog: Wildlife and Environment...

WE-blog: Wildlife and Environment Blog

Covers environmental law. By Meyer Glitzenstein & Crystal.

http://we-blog-meyerglitz.blogspot.com/

Nov 12
New Lawsuit Challenges Delisting of the West Virginia Northern Flying Squirrel

Today we filed a lawsuit challenging the decision of the U.S. Fish and Wildlife Service to remove the West Virginia Northern Flying Squirrel from the protection of the Endangered Species Act. Friends of Blackwater v. Salazar, No. 1:09-cv-02122 (D.D.C.). On behalf of Friends of Blackwater, The Wilderness Society, Center for Biological Diversity, Southern Appalachian Forest Coalition, Wild South, and Judith S. Rodd, our complaint challenges the agency's decision to delist the Squirrel without... Posted on November 12, 2009 at 06:04 am by Meyer Glitzenstein & Crystal
Oct 26
Wind Trial Closing Arguments Set for Thursday Morning

Last week, in Animal Welfare Institute v. Beech Ridge Energy, the federal district court in Greenbelt, Maryland held an expedited trial over claims that the Beech Ridge wind project's construction and operation will "take" endangered Indiana bats in violation of the Endangered Species Act, and hence requires an "incidental take permit" from the Fish and Wildlife Service. The Court heard testimony from experts on both sides, and the trial will conclude on Thursday, October 29 with expert... Posted on October 26, 2009 at 06:50 am by Meyer Glitzenstein & Crystal
Oct 13
Plaintiff Seeks Records On Well Known Country Singer’s Killing of Cubby The Black Bear

On Friday we filed for summary judgment on behalf of Showing Animals Respect and Kindness (SHARK), which is challenging the Fish and Wildlife Service's (FWS) refusal to release records concerning a well-known country singer's use of a bow and arrow to kill a captive bear - named "Cubby" - in a fenced enclosure. Among other records, SHARK has requested the video the singer made of the killing, which was doctored to make it appear as though he was engaged in a fair chase hunt of a wild bear.... Posted on October 13, 2009 at 12:52 am by Meyer Glitzenstein & Crystal

Rank This Week: 2569

Environmental - Appeals Court

Summarizes environmental decisions of the U.S. Court of Appeals. By Waste Information & Management Services, Inc. (WIMS).

http://environmentalappealscourt.blogspot.com/

Nov 11
National Parks & Conservation Association v. BLM

Nov 10: In the U.S. Court of Appeals, Ninth Circuit, Case No. 05-56814, 05-56815, 05-56843, 05-56832, and 05-56908. Kaiser Eagle Mountain, Inc. (Kaiser) seeks to build a landfill on a former Kaiser mining site near Joshua Tree National Park (Joshua Tree). As part of its landfill development plan, Kaiser sought to exchange certain private lands for several parcels of land surrounding the mine site and owned by the Bureau of Land Managment (BLM). Several parties, including the National Parks... Posted on November 11, 2009 at 11:25 pm by WIMS
Nov 11
U.S. v. Albert Investment Co.

Nov 10: In the U.S. Court of Appeals, Tenth Circuit, Chase No. 08-6267. Union Pacific Railroad Co. (Union Pacific) appealed from the district court's denial of its motion to intervene in an action brought by Plaintiffs-Appellees (United States and the State of Oklahoma) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Appeals Court ruled, "Because Union Pacific has an interest in the underlying action, and a statutory right to intervene, we reverse... Posted on November 11, 2009 at 11:21 pm by WIMS
Nov 9
Friends Of Tims Ford v. TVA

Nov 6: In the U.S. Court of Appeals, Sixth Circuit, Case No. 08-5706. Plaintiff-Appellant Friends of Tims Ford (FTF) appeals from the district court's dismissal of its case on summary judgment for want of standing. FTF is an unincorporated association of individuals, families, and homeowners' associations, who own property adjoining the Tims Ford Reservoir (Reservoir) or in adjacent communities, and are concerned about the environmental impact of land development near the Reservoir and the... Posted on November 9, 2009 at 08:18 am by WIMS

Rank This Week: 2581

The Water Law

Covers legal issues impacting water rights and the water industry. By Alex Basilevsky.

http://thewaterlaw.blogspot.com/

Nov 11
Nutrient Standards Under The Clean Water Act

There is an interesting lawsuit wending its way through the Federal District Court for the Northern District of Florida. The case is Florida Wildlife Federation v. EPA, Case No. 08-00324. It involves an attempt by the Florida Wildlife Federation (along with a variety of other environmental groups) to mandate the EPA to issue numerical limits on nutrient levels in Florida's navigable waterways under the Clean Water Act. Nutrients, like nitrates and phosphates, are distinct from other pollutants... Posted on November 11, 2009 at 05:24 am by Alex Basilevsky
Oct 20
Once Again, Something Completely Different

I try to keep this blog limited to water related postings. I did call it "The Water Law" after all. But every once in a while something comes along that is important enough to go "off message." This is one of those things. I have just finished reading an article in Wired Magazine that explores the "controversy" over child vaccination. As a new parent myself, it is an article that I think every parent should read. This article also embodies something I have written about here before - the... Posted on October 20, 2009 at 07:00 am by Alex Basilevsky
Oct 19
And The Hammer Comes Down

No...it's not a gavel reference, but rather a reference to a New York Times article that I just came across (thanks to WaterSISWEB). The head of the EPA, Lisa P. Jackson, was recently before Congress's Committee on Transportation and Infrastructure. What she had to say was very interesting. Ms. Jackson essentially admitted what everyone has long known - that the EPA has done very little to enforce clean water regulations over the last decade. Moreover, she has promised that the EPA's laxity is... Posted on October 19, 2009 at 01:20 am by Alex Basilevsky

Rank This Week: 2602

ClimateIntel

Provides legal & policy intelligence on climate change for the investment & regulated communities. By Akin Gump Strauss Hauer & Feld LLP.

http://climateintel.com

Nov 10
Progress Towards Binding Legal Agreement Stalls in Barcelona

After a week of talks-sometimes heated, sometimes not-of two key negotiation groups of the UNFCCC, there remains considerable work to be done to meet the goals of the Bali Action Plan. In fact, at the end of the week, it appeared a near certainty that there would be no binding legal agreement developed at the Copenhagen meetings upcoming in December, with only a political agreement being developed at that meeting. At the same time, however, there was considerable work on a number of other... Posted on November 10, 2009 at 09:04 am by Ken Markowitz
Nov 9
This Week on the Hill

After the divisiveness that marked the Senate Committee on Environment and Public Works (EPW) mark up of climate legislation last week, the legislation moves to the two other committees with significant climate jurisdiction-Finance and Energy and Natural Resources. Senator Max Baucus, who last week supplied the only "no" vote among Democrats on EPW, will lead his committee in an examination of the legislation and, in particular, look at the contentious issues surrounding offsets and... Posted on November 9, 2009 at 02:17 pm by ClimateIntel
Nov 2
EPW Hearing on Kerry-Boxer, Part 3

To view Part 1 in the series, please click here. To view Part 2 in the series, please click here. On October 29, the Senate Committee on Environment and Public Works (EPW) held its third and final day of hearings on S. 1733, the Clean Energy Jobs and American Power Act. The committee took testimony from four panels of witnesses, with each panel providing a broad spectrum of perspectives on the issues. First Panel Preston Chiaro, CEO of Energy Products Group and John Rowe, Chairman and CEO of... Posted on November 2, 2009 at 04:21 pm by ClimateIntel

Rank This Week: 2618

Wind Power Law Blog

Focuses on wind energy legal developments, including land use, zoning, and environmental concerns. By Cooper Erving & Savage LLP.

http://windpowerlaw.info/

Nov 9
NYPA Great Lakes wind event: Oswego 11/13

Friday, November 13, 2009 Oswego City Hall-Common Council Chambers 13 W. Oneida Street, Oswego, NY Presentation on WIND POWER PROJECTS ON THE GREAT LAKES by the New York Power Authority and meet Richard Kessel, NYPA President More info: Mary Vanouse, Community Development Director at 315-343-3795 or mvanouse _@_ oswegony.org Posted in Wind Power Events Tagged: great lakes wind, Oswego NY wind [...] Posted on November 9, 2009 at 01:28 pm by rohdec12
Nov 2
New York wind power and related updates

From around the web: US Offshore Wind Collaborative releases "U.S. Offshore Wind Energy: A Path Forward" report. The report sums up New York offshore initiatives (pp. 12, 15) as follows: In September 2008, Long Island Power Authority (LIPA) and Consolidated Edison, Inc. (two New York-based utilities) initiated a joint study to determine suitable locations, wind energy [...] Posted on November 2, 2009 at 10:18 pm by rohdec12
Oct 27
New York state wind power updates

From news sources: Wind developers protest NYS Public Service Commission (PSC) rules requiring transmission study for proposed projects over 80 MW. (Albany Times Union, 10/26). Related piece from WAMC radio, 10/26. PSC press release ("PSC Levels Renewable Energy Playing Field" in Case Number 09-E-0497). NYSERDA extends due dates for RFP 1613 (Project Implementation Funding for State Energy Program [...] Posted on October 27, 2009 at 11:18 pm by rohdec12

Rank This Week: 2634

Environmental, Energy and...

Environmental, Energy and Resources Law

Covers Canadian environmental, energy and resources law topics. By Davis LLP.

http://www.davis.ca/en/blog/Environmental-Energy-and-Resources-Law

Nov 9
MOU endorsing wood-frame construction for affordable housing in China creates major opportunity for Canadian forest products

Canada's Minister of Natural Resources, the Honourable Lisa Raitt and British Columbia Forests and Range Minister Pat Bell today announced the signing of a memorandum of understanding with the City of Shanghai which endorses wood-frame construction for affordable housing, thereby creating an enormous opportunity for Canadian forest products. As an environmentally sustainable, energy-efficient and rapidly-assembled construction method, the Shanghai Housing Bureau sees Canadian wood-frame... Posted on November 9, 2009 at 09:36 am
Oct 19
A Greener Future for Alberta Forestry Waste

The Government of Alberta recently announced its support for the development, by Davis client the Otoka Energy Corporation, of the first of its kind waste-to-energy production facility, where sawmill wood waste and forestry residuals will be converted into clean, sustainable energy. Otoka, a renewable energy company created with the intention of developing and operating "biomass to energy" facilities, will receive a $20,000,000 grant from Alberta's share of the Canada EcoTrust for Clean Air and... Posted on October 19, 2009 at 09:45 am
Sep 17
BC's Northwest Transmission Line Project to receive up to $130 million under the Green Infrastructure Fund

Almost one year ago, British Columbia Premier Gordon Campbell announced that the Province would start the environmental assessment process and First Nations consultation on the Northwest Transmission Line, which consists of a 287 kV line which would extend 335 kilometres into the Northwest portion of the province from Terrace to Meziadin Junction and north to Bob Quinn Lake. The estimated $404 million project which is expected to be ready for construction in early 2010 has been given a serious... Posted on September 17, 2009 at 08:03 am

Rank This Week: 2640

Switchboard

Covers global warming, energy and climate issues, pollution and oil dependence. From the Natural Resources Defense Council. By David Doniger.

http://switchboard.nrdc.org/blogs/ddoniger/

Nov 8
HFC-Busters... Who You Gonna Call?

While carbon dioxide gets the most attention, other heat-trapping pollutants contribute to rising temperatures and the dangers of global warming. One set of chemicals, called hydrofluorocarbons (HFCs), poses a rapidly growing threat. The world community has a big opportunity to reduce future warming by intervening now to avoid HFC growth and phase these chemicals down in an orderly manner. HFCs are replacing ozone-depleting chemicals that are being phased out under the Montreal Protocol, the... Posted on November 8, 2009 at 01:53 pm by David Doniger
Oct 8
Analysis of the Clean Energy Jobs and American Power Act

On September 30th Senators John Kerry and Barbara Boxer introduced the Clean Energy Jobs and American Power Act. This important step toward enacting effective and sustainable climate and energy policy will help power our economic recovery by investing in clean energy technologies and creating millions of good-paying jobs. The bill will also enhance America's security and global leadership by cutting our oil dependence and curbing the carbon pollution that drives global warming. The bill... Posted on October 8, 2009 at 03:59 pm by David Doniger
Sep 30
It's Hard To Hide An Oil Refinery Behind a Donut Shop

Today the Environmental Protection Agency announced plans to curb carbon pollution from big power plants and other big polluters under the Clean Air Act, while at the same time assuring the millions of mom and pop businesses across the country that they have nothing to worry about. "By using the power and authority of the Clean Air Act," said EPA administrator Lisa Jackson, speaking at the Governors Climate Summit in Los Angeles, "we can begin reducing emissions from the nation's largest... Posted on September 30, 2009 at 09:18 pm by David Doniger

Rank This Week: 2656

Spatial Law

Covers legal issues associated with geospatial data and technology. Published by Kevin Pomfret.

http://spatiallaw.blogspot.com/

Oct 25
Spatial Law and Policy Update (October 25, 2009)

I found this to be a practical approach to using technology to reduce privacy concerns associated with vehicle tracking for businesses. CNET reports of a case in which a UK court rejected a driver's reliance on his satellite navigation device as a defense to charges he had been "driving without care and attention". According to the article, the lane was so narrow and poorly traveled that a local farmer would not have taken his horse along it. I think once you read this informative article on... Posted on October 25, 2009 at 02:27 am by Kevin
Sep 6
Spatial Law and Policy (September 6, 2009)

A San Diego-area television station reports that residents of Poway, California are being asked to clear brush away from their homes in order to cut down the risk of damage from wild fire. According to the report, city officials identified at-risk homes through the use of aerial photography. One of the reasons I found this innovative use of aerial imagery so interesting is that according to Google Maps, Poway is less than 20 miles away from El Cajun, California. El Cajun is in the district of... Posted on September 6, 2009 at 04:45 am by Kevin
Aug 30
Spatial Law and Policy Update (August 30, 2009)

A New York Times article on new steps being taken at Wikipedia to regulate input by its users. I found that it raised some interesting issues that would also apply to the crowd-sourcing of spatial data. I encourage those who are interested in potential liability issues associated with navigation devices to read the following article from the Salt Lake Tribune. It concerns a man who was killed when he came over the crest of a hill and swerved to avoid cars that were sitting in traffic at a... Posted on August 30, 2009 at 11:42 am by Kevin

Rank This Week: 2845

The Energy Law Blog

Covers oil and gas exploration, development, and marketing on the Gulf Coast. Published by Liskow and Lewis.

http://www.theenergylawblog.com/

Oct 23
Louisiana Supreme Court Holds that Act 136 of the Mineral Code is Inapplicable to Remediation Suits

By Matt Simone In Broussard v. Hilcorp Energy Co., the Louisiana Supreme Court held that a plaintiff is not required, pursuant to Article 136 of the Louisiana Mineral Code, to provide a defendant with pre-suit written notice and an opportunity to perform prior to a judicial demand for property restoration related to oil and gas production contamination. Article 136 mandates these requirements for claims "arising from drainage of the property leased or from any other claim that the lessee has... Posted on October 23, 2009 at 01:11 pm
Oct 22
Fifth Circuit Holds that Individual Citizens Have Standing to Sue Energy Companies for Global Warming

By April Rolen-Ogden In Comer v. Murphy Oil, the Fifth Circuit left open the possibility that the oil and gas industry may be privately sued for alleged contributions to global warming. In this putative class action lawsuit, Plaintiffs claimed that the defendants' operation of energy, fossil fuels, and chemical industries in the United States contributed to global warming. Plaintiffs further claimed that those contributions caused a rise in sea levels and added to the devastation wreaked by... Posted on October 22, 2009 at 11:06 am
Oct 5
Fifth Circuit Royalty Decision Stands -- Supreme Court Denies Cert

The United States Supreme Court has denied the Petition for Certiorari filed by the United States Department of the Interior in Kerr-McGee Oil & Gas Corp. v. U.S. Dep't of the Interior, 554 F.3d 1082 (5th Cir. 2009). The high court's refusal to consider Interior's appeal allows the Fifth Circuit's January 2009 decision to stand. As explained in detail in the attached link ([www.liskow.com]), the Fifth Circuit held that the MMS had no authority to insert "price threshold" provisions into... Posted on October 5, 2009 at 02:52 pm

Rank This Week: 2855

Climate Change Law Practice Group...

Climate Change Law Practice Group Blog

Features news about Canadian renewable energy and sustainable developments. By Davis LLP.

http://www.davis.ca/en/blog/Climate-Change-Law-Practice-Group

Oct 20
Carbon Disclosure Project Report 2009: Moving from voluntary to mandatory reporting in 2010...

On October 8th, the Carbon Disclosure Project Report 2009: Canada 200 was released. According to the executive summary by the Conference Board of Canada: "The results for the 2009 Carbon Disclosure Project survey indicate that Canada's largest companies in both the low-carbon and high-carbon impact sectors have implemented significant initiatives to prepare for successfully operating in a carbon-constrained world. Further, the "best practices" demonstrated by this year's Climate Disclosure... Posted on October 20, 2009 at 01:38 pm
Oct 20
Canadian Ambassador to US: Oilsands Get Disproportionate Amount of Criticism

Canada's Ambassador to the United States, Gary Doer, who is a former NDP Premier of Manitoba, stated yesterday that the oilsands are facing a disproportionate amount of criticism in the climate change debate. Mr. Doer argues that North America is missing the big picture on global warming if Canada is singled out as the chief emissions culprit, the Montreal Gazette reported this morning. "One of the concerns that I have is that it represents so little of the emissions in North America. It's... Posted on October 20, 2009 at 08:12 am
Oct 20
Another $769 Million in CCS Funding Announced

Like Alberta, Canada is putting its money where it's mouth is. On October 14, 2009 Prime Minister Stephen Harper traveled to Wabamun, Alberta, the site of the Keephills Power Plant, to announce $769 in funding for carbon capture and storage. The pledge will retrofit Keephills, a thermal coal power plant on the shores of one of the Edmonton areas largest lakes. Alberta will spend $436 million over the next 15 years on the project, with most of the money coming from its $2-billion Carbon Capture... Posted on October 20, 2009 at 07:46 am

Rank This Week: 2882

Texas Coastal Law Society

From the University of Texas School of Law in Austin, Texas.

http://texascoastallaw.blogspot.com/

Oct 9
Spring 2010 UT Law courses related to coastal law

UT Law Spring 2010 coastal courses: Climate Change Law & Policy Class Unique #: 28633 Course #: 179M Instructor: Benjamin/Gholz Credits: 1 Wednesday 5:30 pm - 7:30 pm Friday 1:30 pm - 4:30 pm Exam type: Early CLASS MEETS JANUARY 20-FEBRUARY 5. What the course is about. This one-credit lecture course intends to be an introduction to the expanding area of Climate Change Law & Policy. Objectives. The main objective of the course is to give students basic knowledge of some of the most... Posted on October 9, 2009 at 04:32 pm by leavesbehind
Oct 9
UT Law courses related to Coastal Law

231, 331, 431, 531. Property. A survey of interests in land and limited topics involving chattels: estates, cotenancy, landlord and tenant issues, conveyancing, private and public control of land use. Two, three, four, or five lecture hours a week for one semester. 230M, 330M, 430M. Real Estate Finance. An advanced problems course dealing with acquisition, financing, development, and disposition of real estate. Two, three, or four lecture hours a week for one semester. Prerequisite: Law 231K,... Posted on October 9, 2009 at 04:07 pm by leavesbehind
Sep 29
On the Ballot this November!

On the Ballot: Proposition 9 (to amend the Texas State Constitution) "The constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico." Vote --> November 3. 2009 - See Surfrider Foundation website for info (in favor of voting YES to Prop. 9): [www.votefortexasbeaches.org] Posted on September 29, 2009 at 06:16 am by leavesbehind

Rank This Week: 2945

Green Law

Covers legal developments in the green world including clean tech, climate change, and green building. By John Corcoran.

http://greenlegal.blogspot.com/

Oct 7
It's not often a fast food restaurant...

It's not often a fast food restaurant closes, much less files for bankruptcy protection. But that's exactly what happened recently when the owner of 70 Jack In the Box fast food restaurants throughout northern and Central California suddenly shut down all his stores. Abe Alizadeh of Kobra Associates Inc., who owns and operates the restaurants, closed all 70 of his restaurants in mid-September when his negotiations with his debtors broke down and he had to file bankruptcy. Sadly, this story has... Posted on October 7, 2009 at 03:43 pm by John Corcoran
Sep 25
Marin I.J. and Contra Costa Times Mention My New Position

I got a brief but nice mention in the Marin Independent Journal and the Contra Costa Times this week. As the Marin IJ reported in its "Movers & Shakers" column: Marin attorneys Thane Schultz and John Corcoran have joined the San Rafael law firm of Plastiras & Terrizi. Schultz, a longtime Marin resident, will focus on family law and general civil litigation. His previous work experience included stints with a civil litigation firm and two years running a family real estate development... Posted on September 25, 2009 at 08:51 am by John Corcoran
Sep 19
New Bill Prevents Attorneys From Taking Upfront Fees for Loan Modifications

The State Senate recently passed a bill which will significantly crack down on "fly by night" "loan consultant" operations which promise to modify people's mortgages for a fee, but could also have the unintended consequence of making it harder for legitimate hardship cases to find a lawyer to represent them. The bill, which Gov. Schwarzenegger is expected to sign, passed with wide margins in the State Senate, benefiting from the political backlash against loan modification outfits. SB 94... Posted on September 19, 2009 at 07:45 am by John Corcoran

Rank This Week: 2957

BoleyBlogs! - Envtl. Law Review

From the Lewis & Clark Law School's Boley Law Library.

http://lawlib.lclark.edu/boleyblogs

Sep 18
New L&C Law Scholarship: Environmental Law Review Volume 39, Issue 3

The latest issue of Lewis & Clark Law School's Environmental Law Review is now out. Here are the articles published in Volume 39, Issue 3 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles At Home with Nature: Early Reflections on Green Building Laws and the Transformation of the Built Environment by [...] Posted on September 18, 2009 at 12:43 pm by site admin
Sep 18
New L&C Law Scholarship: At Home with Nature

Keith H. Hirokawa, At Home with Nature: Early Reflections on Green Building Laws and the Transformation of the Built Environment, 39 Environmental Law Review 507 (2009) Green building, which was formalized only fifteen years ago to promote healthier and more efficient building practices, has exceeded virtually all predictions of its potential. Green building has entered markets [...] Posted on September 18, 2009 at 12:33 pm by site admin
Sep 18
New L&C Law Scholarship: Swamp Swaps

Fred Bosselman, Swamp Swaps: The "Second Nature" of Wetlands, 39 Environmental Law Review 577 (2009) Traditionally, American wetlands had market value only after being dredged or filled. Gradually, however, alternative markets are being provided in which wetlands may obtain market value while remaining wet. As these markets grow they will raise new issues for U.S. wetlands policy, [...] Posted on September 18, 2009 at 12:28 pm by site admin

Rank This Week: 3041

Environmental Law & Climate...

Environmental Law & Climate Change Center Podcast

From LexisNexis®.

http://law.lexisnexis.com/practiceareas/Environment-Climate

Sep 4
LexisNexis® Environmental Law & Climate Change Center Podcast featuring a discussion of "Current Critical Issues in Environmental Law: Green Buildings and Sustainable Development"

On this edition, a discussion of "Current Critical Issues in Environmental Law: Green Buildings and Sustainable Development," featuring Mark Bennett of Miller, Canfield, Paddock and Stone, Cullen Howe of Arnold & Porter and James Newman of Newman Consulting Group. Copyright&#xc2&#xa9 2008 LexisNexis, a division of Reed Elsevier Inc. Visit http://law.lexisnexis.com/practice areas/Environment-Climate. Posted on September 4, 2009 at 06:00 am by LexisNexis
Aug 19
The LexisNexis® Environmental Law & Climate Change Center Podcast featuring Mark Bennett on the ASTM development of a proposed new standard for collecting and disclosing building energy use information

On this edition, Mark Bennett of Miller Canfield discusses ASTM's developing of a proposed new standard for the collection and disclosure of energy use information associated with buildings involved in real estate transactions, California Assembly Bill 1103 and transactional energy disclosures. Copyright&#xc2&#xa9 2009 LexisNexis, a division of Reed Elsevier Inc. Posted on August 19, 2009 at 06:00 am by LexisNexis
Mar 31
LexisNexis® Environmental Law & Climate Change Center Podcast featuring Mark Bennett of Miller Canfield on Green Building Transactional Disclosure Regulations

On this edition, Mark Bennett of Miller Canfield in Detroit discusses the origins of green building transactional disclosure regulations, the increase in their use and possible impact. Copyright&#xc2&#xa9 2009 LexisNexis, a division of Reed Elsevier Inc. Posted on March 31, 2009 at 06:00 am by LexisNexis

Rank This Week: 3087

Real Estate and Construction Law...

Real Estate and Construction Law Blog

Up-to-date information on real estate, construction, environmental, and land use law. Published by Sheppard Mullin.

http://www.realestateandconstructionlawblog.com/

Aug 28
Administrative Fee for Tax Collection is an Unconstitutional Hidden Tax

Weisblat, et al., v. City of San Diego, ___ Cal. App. 4th ____ (Aug. 18, 2009, No. D052787) By Jeffrey W. Forrest and David P. Lanferman In 1997, in an attempt to clarify the sometimes blurry distinction between a government "fee" and a government "tax," the California Supreme Court explained that "taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or a privilege granted." (Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874.)... Posted on August 28, 2009 at 06:49 am by Sheppard Mullin
Aug 20
Sheppard Mullin's New Climate Change and Clean Technology Blog

Please visit our new Climate Change and Clean Technology Blog at www.cleantechlawblog.com. Posted on August 20, 2009 at 11:57 am by Sheppard Mullin
Aug 18
Affordable Housing: Could California's Inclusionary Zoning Laws be on the Brink of Collapse?

by James Pugh On July 22, 2009, the California Court of Appeals issued a ruling that could send California's affordable housing laws into a tailspin. The case is Palmer/Sixth Street Properties, L.P., et al., v. City of Los Angeles, and it questioned whether cities can impose mandatory affordable housing, also known as inclusionary zoning, requirements on the development of market-rate apartment projects. The Second Appellate District Court believes not. Specifically, the court affirmed a... Posted on August 18, 2009 at 12:53 pm by Sheppard Mullin

Rank This Week: 3108

Sustainability Law Blog

Sustainability Law Blog covers Climate Change, Green Building, Legislation, Renewable Energy, Sustainable Business, and Sustainable Forestry. By the Oregon-based Sustainability Practice Group at Tonkon Torp.

http://www.sustainabilitylawblog.com/

Aug 27
Oregon Governor Vetoes Contentious Bills Affecting Renewable Energy

Governor Ted Kulongoski vetoed two bills passed by the 2009 Oregon Legislature that related to renewable energy. HB 2472b would have rolled back the Business Energy Tax Credit for large renewable energy projects by reducing the maximum available credit from 50% of eligible costs not to exceed $20 million, to 35% of eligible costs not to exceed $10 million. HB 2940b would have expanded the list of resources eligible for credit against the state's renewable portfolio standard by allowing... Posted on August 27, 2009 at 10:27 am by Tonkon Torp LLP
Aug 24
Feds Make Available $3 Billion in Cash Grants For Renewable Energy

The U.S. Departments of Energy and the Treasury are accepting applications for a program that will make direct payments in lieu of tax credits to companies that create and place in service renewable energy facilities, under Section 1603 of the American Recovery and Reinvestment Act. The agencies estimate they will pay out at least $3 billion to approximately 5,000 bio-mass, solar, wind, and other types of renewable energy production facilities. Applications should be made as soon as possible as... Posted on August 24, 2009 at 09:51 am by Tonkon Torp LLP
Aug 18
Portland and Seattle Among Test Markets for Electric Vehicle Program

The U.S. Department of Energy has funded a pilot program by eTec Corporation and Nissan North America to deploy up to 5,000 electric vehicles (EVs) in five U.S markets in 2010, including Portland and Seattle. Program participants will have the opportunity to buy new Nissan EV's at about the cost of an average family sedan, which are expected to be able to travel about 100 miles on a single charge. The federal money is part of a $2.4 billion program to fund battery research and manufacturing, EV... Posted on August 18, 2009 at 10:18 am by Tonkon Torp LLP

Rank This Week: 3111

PEN-e: Pace Environmental Notes

Pace Environmental Notes - electronic edition highlights new documents and events in the areas of Environmental Law, Energy Law, and Land Use Law.

http://paceeenvironmentalnotes.blogspot.com/

Oct 8
Understanding the Decline in CO2 Emissions in 2009

This Report by the Engery Information Administration dated October 2009 finds that projected carbon dioxide (CO2) emissions from fossil fuels in the Short-Term Energy Outlook, October 2009, fall by 5.9 percent in 2009 compared with 2008 (Table 1). Coal accounts for 63 percent of the total decline in CO2 emissions from fossil fuels this year. Projected coal CO2 emissions fall by 10.1 percent in 2009, primarily because of lower consumption for electricity generation. Forecast lower natural gas... Posted on October 8, 2009 at 05:00 am by Pace Law Library
Sep 29
North American Leaders’ Declaration on Climate Change and Clean Energy

This Declaration by the United States, Canada, and Mexico dated August 10, 2009 reads in full: We, the leaders of North America reaffirm the urgency and necessity of taking aggressive action on climate change. We stress that the experience developed during the last 15 years in the North American region on environmental cooperation, sustainable development, and clean energy research, development, and deployment constitutes a valuable platform for climate change action, and we resolve to make use... Posted on September 29, 2009 at 05:04 am by Pace Law Library
Sep 28
Wildlife and Forestry in New York Northern Hardwoods: A Gide for Forest Owners and Managers

This guide produced by the New York Audubon Society shows "how wildlife is related to different forest conditions in the northern hardwood forests of upstate New York. The manual supplies science-based information about how different methods of timber management (i.e., logging) change wildlife habitats, and how wildlife communities change (and how they may be similar) across different forest conditions. Posted on September 28, 2009 at 11:38 pm by Pace Law Library

Rank This Week: 3160

Attorney General's Environmental...

Attorney General's Environmental Law Blog

By the Missouri Attorney General's environmental law staff.

http://ago.mo.gov/Environmental-Law-Blog/feed/

Apr 23
What are Wetlands?

Wetland is a generic term for all the different kinds of wet habitats where the land is wet for some period of time each year but not necessarily permanently wet. Many wetlands occur in areas where surface water collects or where underground water discharges to the surface, making the area wet for extended periods of time. Wetlands are commonly referred to as bogs, marshes, or swamps. Missouri protects wetlands as "waters of the State." Waters of the State are all rivers, streams, lakes and... Posted on April 23, 2009 at 07:15 am
Apr 21
Missouri to Receive Stimulus Money for Hazardous Waste Clean up

Missouri will get more than $3.2 million in federal stimulus money to address leaking underground storage tanks (USTs), according to the Environmental Protection Agency. The federal grant money is part of $200 million to be used to address the problem, which often results in the contamination of groundwater supplies by petroleum products. A UST is a tank and any underground piping connected to the tank that has at least ten percent of its combined volume underground. The UST regulations apply... Posted on April 21, 2009 at 07:13 am
Apr 16
Koster Obtains Injunction to Protect Lake Taneycomo

Last March, the Taney County Circuit Court enjoined the operators of two wastewater treatment lagoons from discharging raw, untreated sewage into a receiving stream of Lake Taneycomo. Both operators agreed to pump untreated sewage from the inoperable wastewater treatment lagoons into trucks and haul it to an authorized wastewater treatment facility. The Attorney General took swift action to protect the pristine waters of Lake Taneycomo and the White River Basin. The Missouri Clean Water Law... Posted on April 16, 2009 at 07:11 am

Rank This Week: 3302

Municipal, Planning &...

Municipal, Planning & Environmental Law Group Blog

Covers current issues and updates on law, legislation and policy. By Davis LLP.

http://www.davis.ca/en/blog/Municipal-Planning-and-Environmental-Law-Group

Jun 25
Supreme Court of Canada decision dismissing City of London interim control by-law

On June 21, 2007, the Supreme Court of Canada released a decision dismissing the appeal of the City of London (the "City") from a decision of the Ontario Court of Appeal in respect of an interim control by-law (the "By-law") that had been challenged by RSJ Holdings Inc. ("RSJ") for illegality. In order to address the concerns of a group of residents living around Richmond Street about an increase of student housing in their neighbourhood, the City passed the By-law in January 2004, thereby... Posted on June 25, 2007 at 08:54 pm
Jun 12
Bill 133 Regulations

The Ministry of the Environment ("MOE") posted the final regulations for Bill 133 on the Environmental Bill of Rights ("EBR") on June 8, 2007. The Environmental Penalties ("EP") regulations are included. They can be found on the MOE weblink below. Attached is a slide presentation from the MOE explaining the changes between the draft regulations which were issued in October 2006 and these final regulations. The final regulations are somewhat less punitive than they were in draft; although, they... Posted on June 12, 2007 at 03:44 pm
Jun 7
New Ontario Liquid Fuels Handling Code effective September 1, 2007

Effective September 1, 2007, the 2001 Liquid Fuels Handling Code published by the Technical Standards & Safety Authority (the "TSSA") will be revoked and replaced with the "Liquid Fuels Handling Code 2007". According to the TSSA press release, the major changes between the 2001 code and the 2007 code are as follows: A new section on leak detection that contains information derived from Section 4.4 of the National Fire Code of Canada 2005; A revised environmental section that makes reference... Posted on June 7, 2007 at 01:39 pm