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The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...

The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...

The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...

PLMJ | January 2022

INTRODUCTION The new Framework Law on the Climate (Law 98/2021 of 31 December) was published on 31 December 2021. This new Law repeals Law 93/2001 of 20 August and establishes the guiding principles of climate policy and governance. It also introduces targets and provides for mechanisms to combat climate change, to decarbonise the economy and to achieve sustainable development ...

Shoosmiths LLP | December 2021

The Home Office has announced changes to employer right to work checks, effective 6 April 2022 that all employers must be aware of. Carrying out right to work checks is an essential part of the recruitment process and it is important that employers are always up to date with any changes in this area.   At present, employers must ask new recruits for physical evidence of their right to work in the UK, such as a Biometric Residence Permit (BRP) ...

Dykema | December 2021

Trees are ubiquitous. They are a natural part of our landscape and valued for the beauty they provide (not to mention the environmental benefits) as well as their lumber and economic value. Landowners often value their trees, but when a landowner needs to remove trees for development tensions can arise between the government’s interest in preserving and protecting the environment and the landowner’s inherent property rights ...

DFDL | December 2021

On 23 November 2021 The Thai Cabinet passed a resolution permitting the amendment of Ministerial Regulation No. 13 (the “Regulation”) under the Exchange Control Act (1942) which relaxes a lot of the rules on cross-border transactions, online activities and e-commerce matters. The amendments, among other things, includes: Allowing permitted persons (business operators) to accept foreign currency via sources other than bank notes (i.e ...

Buchalter | December 2021

December 22, 2021 By: John Epperson Commercial real estate (CRE) professionals are well aware that a Phase I Environmental Site Assessment (ESA) is required when acquiring commercial property ...

Shoosmiths LLP | December 2021

Following the publication of its guidance on environmental claims in September 2021, the Competition & Markets Authority (CMA) will start reviewing potentially misleading claims in January 2022. Enforcement action may follow if claims breach consumer law ...

Shoosmiths LLP | December 2021

The pandemic alongside a renewed focus on climate change following COP26 and the growing interest in ESG credentials are all contributing to a changing world of work ...

Shoosmiths LLP | December 2021

Taking agricultural land out of production to offset the impact of nitrate pollution from housing can generate income for its owner and benefit developers and local authorities. The problem Nitrogen and Phosphorus are essential nutrients for plants. Used as fertilisers they boost growth and increase crop yields. They are also a pollutant ...

Schwabe, Williamson & Wyatt | December 2021

AstraZeneca AB v. Mylan Pharmaceuticals Inc., Appeal No. 2021-1729 (Fed. Cir. Dec. 8, 2021) Our Case of the Week again focuses on numerical values in claims. Last week we addressed a case involving whether there was written description support for a number in a claim, and we addressed a similar issue the week before. This week, our case focuses on the meaning and scope of a number in a claim ...

Shearn Delamore & Co. | December 2021

Dear valued clients, colleagues and friends, Our Arbitration and Mediation partners Rabindra S. Nathan, Rodney Gomez and K. Shanti Mogan have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guides: International Arbitration 2021.   The Arbitration Act 2005 (“AA 2005”) applies to arbitration in Malaysia ...

Shearn Delamore & Co. | December 2021

Dear valued clients, colleagues and friends, Our Dispute Resolution partners, Dhinesh Bhaskaran, Datin Jeyanthini Kannaperan, Rabindra S. Nathan and K. Shanti Mogan, have co-authored the Malaysian Law and Practice and Trends and Developments chapters in the Chambers Global Practice Guide: Litigation 2022 ...

Shoosmiths LLP | December 2021

On 24 November 2021 Shoosmiths hosted a webinar exploring recent developments and forthcoming changes in environmental regulation – the COP26 climate change conference, the Environment Act 2021 and trends in sentencing for environmental offences. COP26 David Symons, director of sustainability at WSP UK outlined the three main messages from the COP26 conference: The 1 ...

Shepherd and Wedderburn LLP | November 2021

  The UK Government’s consultation on mandatory climate-related disclosures As the old saying goes – ‘knowledge is power’, and businesses caught in the net of proposed mandatory climate-related disclosures will need to empower themselves quickly in order to get up to speed by the proposed April 2022 rollout ...

Carey | November 2021

Given the growing need for new sources of water for human and industrial consumption, in order to unify criteria in the evaluation of desalination projects, the General Directorate of the Maritime Territory and Merchant Marine (“DIRECTEMAR”) has published the following 3 guides with basic technical guidelines: Guide for the Environmental Assessment of Industrial Desalination Projects in Jurisdiction of the Maritime Authority The purpose of this guide is to update the minimu

AELEX | November 2021

While there is a lot of interest and fascination surrounding existing digital assets, like cryptocurrencies and non-fungible tokens (“NFTs”), many individuals and corporations are ramping up their efforts to market and provide virtual goods and services in the Metaverse ...

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