On May 23rd, Governor Abbott signed SB 709, fundamentally changing Texas’s contested hearing process for environmental permits. Effective September 1, SB 709 requires the Texas Commission on Environmental Quality to adopt rules implementing its changes by no later than January 1, 2016 and to provide notice before then that these changes apply to applications filed after September 1 ...
Download a free copy of the Philippine section of The Public-Private Partnership Law Review edition 1, which was contributed by the SyCipLaw Partners Marievic G. Ramos-Añonuevo and Arlene M. Maneja.Aside from the Philippines, other jurisdictions covered include Argentina, Australia, Belgium, Brazil, Canada, China, France, Ireland, Japan, Mozambique, Paraguay, Turkey, the United Kingdom and the United States ...
The Court of Appeal of Quebec has issued an important judgment pertaining to a franchisor’s implicit obligations towards its franchisees. In June 2012, the Superior Court of Quebec ordered Dunkin’ Donuts Brands Canada Ltd. (“Dunkin’ Donuts”) to pay an amount of $16.4M (plus interests and costs) to 21 of its franchisees in Quebec the sum of $16 ...
On what grounds may a landowner who discovers soil contamination caused by an old heating oil tank sue the former owner of the property? In this bulletin we examine whether the warranty against latent defects found at Article 1726 of theCivil Code of Québeccan be invoked to have the sale annulled or to obtain a reimbursement of part of the purchase price. The recent decision of the Superior Court inDe La Ov.Sasson1is instructive in two respects ...
“Waters of the United States” or “WOTUS” in the esoteric taxonomy of the Clean Water Act (“CWA”), is a term with which many are becoming increasingly familiar. This deceptively simple phrase is anything but simple in its application. The oil and gas industry is increasingly experiencing the U.S. Environmental Protection Agency’s (“EPA”) proclivity finding CWA jurisdiction through WOTUS interpretation. New proposed regulatory language issued by the EPA and the U.S ...
The Chambers Asia-Pacific 2015 Guide is now available online and features an overview of the Philippinescontributed by SyCipLaw Managing Partner Rafael A. Morales.The guide is distributed to corporate counsel worldwide and is accessible through the Chambers website: www.chambersandpartners.com/guide/asia/8/172/1 ...
On March 4, 2015 the Official Daily of the Mexican Federation published the Regulations to the Law on Navigation and Maritime Commerce, which regulates the activities of the Merchant Maritime Authority and the activities of the persons that participate in maritime and port matters provided by the Law on Navigation and Maritime Commerce. Said Regulations are effective 30 calendar days after its publication in the Daily of reference, that is, on April 3, 2015 ...
What changed? Resolution 0572/2015 completely replaced Resolution 6588/2013, which regulates restricted and non-restricted nationals. What does this change mean? Chinese, Indian, Thai, and Vietnamese citizens may now enter Colombia without previously requesting a visa as long as they hold a Shenghen C o D visa type or USA visa with the exception of transit C-1 visa ...
In a recent judgment on the merits, the president of the Brussels Commercial Court held that the X shape of Mars's Dentastix dog food (see Figure 1 below) constituted a valid three-dimensional (3D) Community trademark and a valid Benelux design. Both IP rights had been invoked cumulatively against a Belgian company commercialising similar X-shaped chew sticks for dogs (Figure 2) on the European market.
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The Parliament passed a bill on halal products in September 2014 and on 17 October 2014 the President enacted the bill as Law No. 33 of 2014 on Guaranty for Halal Products (Law 33 of 2014). Law 33 of 2014 requires that all products imported, distributed, or traded in Indonesia bear a halal certificate ...
SyCipLaw partner Hector M. de Leon, Jr. was interviewed by ALB’s Ranajit Dam for the cover story of its January issue. Entitled "The year in 2015," the article provides a forecast of 2015 economic and legal developments and trends in China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, the Philippines, and Thailand.The article is available for viewing online at the ALB website. A copy of the entire January issue of ALB is also available through Issuu ...
Recent publicity surrounding the exclusion or divestiture of stocks in carbon-intensive industries shows that leading investors are reviewing the financial risks (and opportunities) associated with climate change. However, with debate on climate change often pitched around ideological poles, many superannuation fund trustees are struggling to translate these developments into prudent governance practice, consistent with their statutory and general law duties ...
On December 20, 2013 it was published in the Official Daily of the Federation the Executive Order that amends and adds various provisions of the Political Constitution of the United Mexican States, in the Area of Energy ...
On October 31, 2014, the U.S. Environmental Protection Agency (EPA) finalized its approval for the State of Texas to issue greenhouse gas (GHG) permits for new and modified facilities. In response to legislation enacted in the 2013 Texas Legislative session, the Texas Commission on Environmental Quality (TCEQ) had submitted a state implementation plan to replace the existing federal program with TCEQ-issued GHG permits ...
More than 30 earthquakes jolted the area in and around the City of Azle, Texas - 20 miles north of Fort Worth - last November through January. In response to citizen concerns, the Texas House Committee on Energy Resources created a Subcommittee on Seismic Activity, to investigate whether there was a link between earthquakes and increased oil and gas production and disposal wells ...
In yet another indication of the increasing prominence of water use issues in BC, the Supreme Court of British Columbia recently upheld the practice of the BC Oil and Gas Commission to grant recurrent short-term water approvals for oil and gas activities under the Water Act ...
Environmental laws should not be understood as a limit to economic growth and development but as a crucial part of economy: the wise use of natural resources means greater benefit from raw materials and lower costs for inputs. At the same time, the quality of life for Brazilian citizens should be enhanced by an effective program of environmental sustainability ...
Despite diminishing enforcement budgets for state and federal agencies, a combination of technological and regulatory developments could significantly increase risk of enforcement activity in coming months and years. In particular, EPA is actively pursuing three key enforcement initiatives that will boost the likelihood that companies will face enforcement actions under the Clean Air Act ...
The Scottish electorate has voted ‘no’ to independence. However, the ‘no’ vote will still result in constitutional change for Scotland, not least because of the pledge by all main UK political parties to devolve further powers to the Scottish Parliament. Additionally, key provisions of the Scotland Act 2012 will come into force over the next two years giving the Scottish government additional powers and a referendum on the UK’s membership of the EU is proposed for 2017 ...
On 17 May 2011 the National Assembly adopted the Law on Notary Public (“the Law”), which came into effect on 1 September 2014. The new Law introduces the Notary Public into the Serbian legal system, which should help to relieve the judiciary, improve its efficiency, and improve legal security. A Notary Public is an independent and autonomous legal expert, who performs a service of public trust ...
Those who build wind turbines are obliged to compensate their neighbours for noise pollution, visual interference and other disadvantages of the turbines. The issue of compensation is usually settled before the wind turbines are erected, and the amount does not necessarily reflect the actual noise levels or indeed the reductions in property value that usually accompany the erection of the turbines ...
The trade mark laws of the world are, by and large, fairly well harmonised, or at least well on their way to becoming so. Which makes perfect sense in an era where multinational companies operate in a global village – a multinational should ideally get the same protection for its brand in all the countries where it operates. It is for this reason that South African trade mark law offers the same sort of protection to trade mark owners that many other countries offer ...
A recent decision of the Ontario Court of Appeal clearly illustrates the kinds of problems caused by site contamination at a shopping centre. The case should be of interest to anyone who works on commercial transactions. If there is something to be learned from this story, it is that you need to understand risk before accepting it. THE FACTSBelow I relate the facts of the case in detail because they are key to understanding the conclusions to be drawn from what happened ...
