On September 30, 2004, the MDEQ Remediation and Redevelopment Division (“RRD”) issued Operational Memorandum No. 5 (“Op. Memo No. 5”) related to groundwater surface water interface (“GSI”) criteria and their application under NREPA Part 201 (Michigan Contaminated Sites), Superfund, and Part 213 (Michigan Leaking UST Sites). Op. Memo No. 5 replaces the previously issued Op. Memo No. 17 (September 8, 1998) related to GSI criteria ...
Energy Policy Elert, please click on link to view full publication ...
The last thing any tenant wants to face is a costly bill for repairs to their rented commercial property. That is why many potential occupiers seek to include some exclusion on the repairing clause, protecting them from what is an otherwise onerous obligation. While this is the primary means of limiting liability, other options also exist ...
The National People’s Congress of the People’s Republic of China issued a draft Property Rights Law in July 2005 for public consultation. The Law is expected to be enacted in March 2006. The Law will be a pillar of the Chinese legal system. It is said that legal property ownership and rights are a novel concept in China ...
The provisions of the Environment Quality Act (“EQA”) regarding contaminated land require a person intending to change the use of a parcel of land to perform a site characterization study1 if certain specific industrial activities have been carried on there. If this study reveals the presence of contaminants in excess of the limit values prescribed by regulation 3, a notice of contamination must be registered in the land register against the property in question ...
Practical Advice for Defending Toxic Tort Actions - 11/29/2001 Texas Lawyer © 2001. All rights reserved Defending a toxic tort case involving multiple plaintiffs and defendants, not surprisingly, presents multiple issues of concern. In developing a litigation strategy, thoughtful defense counsel will anticipate these issues ...
In a decision released Wednesday, July 20,(1) the Supreme Court of Canada has overturned Court of Appeal decisions from New Brunswick and Nova Scotia finding that Mi’kmaq people have a treaty right to harvest timber for commercial purposes. In so doing, the Court also provided guidance on how to assess aboriginal title claims ...
Do environmental considerations feature in your business plans? If not, then perhaps it is time they did. Minimising waste, reducing energy consumption and decreasing the environmental impact is not just good for the planet but can lead to increased profits. That is the message from the Scottish Executive in its paper 'Going for green growth: a green jobs strategy for Scotland' ...
Amendments to several provisions of the Mexican Mining Law (the “Law”) were recently passed by the Mexican Congress and published in the Federal Official Gazette on April 28, 2005. The amendments to the Law can be summarized as follows: a) A new governmental body called the “Mexican Geological Service” was created in lieu of the previous Mineral Resources Council ...
In this edition - Corporate Manslaughter Bill Moves Closer to Reality - Are You Relying on Existing Rights of Drainage to Service Your Development? - Does Your Architect Know He is Working for Free? - SDLT on Development Agreements - Equity Share Mortgages - Tree Huggers - Use Classes Order
On April 29, 2005, the Court of Appeal rendered a judgment in Pharmascience Inc. v. Option Consommateurs et Piro1 on the constitutionality of the amendments made to the Code of Civil Procedure on January 1, 2003 regarding authorizations to institute class actions. Contrary to the arguments of the appealing pharmaceutical companies, the Court of Appeal held that the amendments are constitutional and do not violate the Quebec Charter of Human Rights and Freedoms in any way ...
The coming into force of the Kyoto Protocol on February 16, 2005 has generated intense discussion and left many unanswered questions for the industrial sector. Over the last two months, the federal government has published several documents that, to a certain extent, uncover its intentions regarding its stated objectives and its strategies for achieving such objectives ...
On April 13, 2005, the government of Canada announced the first phase of Project Green “Moving Forward on Climate Change: A Plan for Honouring our Kyoto Commitment”. Although there is no legislation in force in Canada which requires companies to reduce their greenhouse gas (GHG) emissions, emitting companies should begin preparing for this possibility. In some cases, they should even look at the advantages of immediately trading emission reduction credits ...
The article appeared in the 2005 edition of The International Comparative Legal Guide to: Environment Law; published and reproduced with kind permission of Global Legal Group Ltd, London ...
In December 2004 and more recently in March 2005, the Superior Court rendered three significant judgments respecting motions for authorization to institute class actions. In the first case, Bouchard v. Laiterie et Boulangerie Parmalat Inc.1, the motion was denied for the absence of interest and of rights of the applicant. In the second case, Citoyens pour une qualité de vie v. Aéroports de Montréal2, the motion was denied for lack of identical, similar or related questions of law or fact ...
After long years of fierce debate, the Kyoto Protocol finally came into force on 16 February 2005, imposing obligations on states parties to reduce global greenhouse gas emissions. This article takes a look at the background to the Protocol, and the many new and varied opportunities for businesses in Scotland and across the globe. The Protocol itself was adopted at the Third Conference of the Parties to the United Nations Framework Convention on Climate Change in Kyoto on 11 December 1997 ...
One of the key sectors of the Oil & Gas industry is the extraction of oil, gas and gas condensate hereinafter to be referred as carbohydrates (“CH”). For businesses involved in CH extraction, the two key assets are the extraction licence and the oil or gas well (“CH Well”). This article throws light on light on the legal concept of a CH Well in Ukranian Law and its application to the ownership issue ...
The JIA or the Joint Investment Activity Agreement is a legal document on the basis of which thousands of tones of carbohydrates become privately owned in Ukraine everyday. Presently the JIA Agreement dominates the production of carbohydrates and this situation does not seem to be about to change in the near future. The article goes on to describe various JIA’s ...
As natural gas commodity prices continue their near-term climb, and new domestic sources become harder to find, many oil and gas producers and large gas users such as chemical companies are looking abroad for a cheaper and more readily available source of supply ...
I. Introduction President Vicente Fox has devoted significant political efforts to reform the energy sector. He is well aware of the current needs for investment, particularly in power generation and non-associated gas exploration and production. He is also aware that the government will not have the necessary funds to match the anticipated growth of energy demand ...
I. Introduction Mexico’s power generation sector is facing a possible crisis in the near future. The Federal Government has estimated that over 27,000 megawatts of additional power generation capacity will be needed by 2009 to avoid a power crisis in the country. Since 1960, the electricity sector has been reserved to the State ...
In response to the terrorist attacks of September 11, 2001 and other threats related to hazardous materials, the U.S. Department of Transportation (“DOT”) has revised its regulations related to the transportation of hazardous materials ...
Related Practice Groups Environmental The Texas Commission on Environmental Quality (“TCEQ”) recently published an Interoffice Memorandum (“the Memorandum”) that directs the agency’s offices how to handle reporting of spills and releases, including the discovery of historic contamination. It defines “historic contamination” as a “release” from an inactive source, whether of known or unknown quantities, citing as an example, contamination discovered during excavation activities ...
Under Section 113 of the Clean Air Act, when it finds that a regulated party is engaged in unlawful activity, EPA may, among other things, issue an administrative compliance order (ACO) that directs that party to comply, provided: (a) the ACO is based upon any information available to the Administrator; (b) the ACO is issued thirty days after the issuance of a Notice of Violation; and (c) the regulated party is given an “opportunity to confer” with the Administrator ...
On 10 July 2003 the Verkhovna Rada of the Ukraine adopted the Amendment to the Land Code of the Ukraine (Amendment) Act of the Ukraine. The Amendment came into force on 31 July 2003. Under this Amendment, Article 82 of the Land Code of the Ukraine (Land Code) is amended, the very article which regulates land ownership of legal entities ...
