Quebec regulations create numerous obligations in connection with equipment that poses a risk to the environment. Replacing PCB-containing transformers, for example, or having high-risk oil and gas equipment inspected. Regulatees may be required to file reports, maintain registers or hold permits. From a regulatory perspective, the management of ozone depleting substances is a big file ...
On March 28, 2014, the White House released its Climate Action Plan Strategy to Reduce Methane Emissions. The oil and natural gas sectors are clearly in the cross-hairs for reductions. The report indicates the oil and natural gas sector was responsible for 28 percent of man-made methane emissions in 2012—second only to the agricultural sector, which accounts for 36 percent of emissions ...
The Constitutional Court has confirmed a decision of the Western Cape High Court that section 44 of the Land Use Planning Ordinance is unconstitutional and invalid, thereby closing off the ability of developers and objectors to appeal to province to overturn and replace unfavourable rezoning, subdivision and departure decisions made by local authorities ...
When the National Environmental Management: Waste Act, 59 of 2008 (“NEMWA”) came into operation, in July 2009, the operation Part 8 of Chapter 4 (the “Contaminated Land Provisions”) was deferred to a later date. In terms of a recent government gazette, [1] the Contaminated Land Provisions will now come into operation on 2 May 2014 ...
This paper is a virtual, international roundtable discussion of recent developments in environmental law, including developments pertaining to sustainability and energy development. The questions and answers include a discussion of recent greenhouse gas permitting developments in Texas, the role of sustainability in project development, measures for a corporation to take to become sustainable, hot issues in the environmental area, and the environmental impact of fracking. 4 ...
On March 28 2014 Law 642/2013 - a milestone of the government's anti-corporate raider policy - entered into force. Revival of the bill, which had previously gathered dust in parliamentary committees for several years, was a response to numerous calls from the international community to take measures to counter illegal takeovers and acquisitions of businesses ...
The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers recently released a proposed rule on the definition of “waters of the United States” under the Clean Water Act. If enacted, the rule could create significant new hurdles for real estate development projects that are near streams or wetlands by effectively removing permitting authority from state agencies and establishing federal oversight by the EPA and the Corps ...
On April 9 last, the Superior Court of Québec issued its judgement1 on a motion for a declaratory judgment pertaining to trademarks in the English language on public signs and posters. The applicants, Magasin Best Buy Ltée, Costco Wholesale Canada Ltd, Gap (Canada) Inc., Old Navy (Canada) Inc., Corporation Guess? Canada, la Compagnie Wal Mart du Canada, Toys “R” Us Canada Ltée and Curves International Inc ...
Following the Supreme Court’s decision in Bridge Trustees in 2011 (see further here), the Government announced that it would legislate to directly counteract the effect of the judgement and make it clear that benefits under a pension scheme cannot be regarded as money purchase benefits if it is possible for a funding deficit to arise in respect of any of those benefits ...
The release of the second installment of the Intergovernmental Panel on Climate Change’s Fifth Assessment Report on March 31, 2014, provoked the usual calls for urgent and immediate action in response to climate change, including in particular at the international level in the form of a new climate treaty built upon domestic regulatory regimes.1 Irrespective of whether these calls for action are overly strident or carefully measured, the law plays a central role ...
The new EU Procurement directive was published in the Official Journal of the EU today (28 March 2014) and will come into force on 17 April 2014. This article summarises some of the key changes from the new Directive which are likely to be of interest to both the public and private sector. The UK will have 2 years to implement the Directive but the government has suggested that it will be implemented in a shorter timescale ...
The Executive Branch announced days ago the 3 main investment projects which will be promoted under the Public-Private Partnership regime in Paraguay. With the enactment in the month of March of the Regulatory Decree of the Public-Private Partnership Law (Law 5102/2013), the projects are expected to be advanced immediately ...
In terms of section 29 of the National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”), which provides for pollution prevention plans: “(1) the Minister of Environmental Affairs (the “Minister”) may: (a) declare any substance contributing to air pollution as a priority air pollutant; and (b) require persons falling within a category specified in the notice to prepare, submit to the Minister or MEC1 for approval, and implement pollut
The rapid expansion of brands in the Chinese foreign market has problems relating to the protection of these arise and hence of their owners. The last amendment to the Trademark Law of China reflects one of the main problems that foreign companies often face in China which is "brand hijacking." The records of "bad faith" requested by the opportunists of fashion brands block applications for registration of trademarks by their rightful owners ...
NEW CVM DECISION SIMPLIFIES TRANSACTIONS INVOLVING PRIVATE INVESTMENT IN PUBLIC EQUITY (PIPEs) At a meeting held on January 7, 2014, the majority of the Brazilian Securities and Exchange Commission (“CVM”) Board (Colegiado) accepted the appeal lodged by João Fortes Engenharia S.A., within the context of CVM Proceeding No ...
On 3 March 2014, the Government presented the bill ”Enhanced competition supervision” (Sw: “Förbättrad konkurrenstillsyn”) (Governmental Bill, prop. 2013/14:135) which contains several suggested changes to the Swedish Competition Act which relate, inter alia, to leniency and the possibility to suspend time limits during merger control assessments ...
As we indicated a few months ago, the partial reform of the intellectual property law continues its journey towards the Lower House of the Spanish Parliament. On Friday, February 14, the Cabinet approved the text of the preliminary bill, which must now get the green light from the consultative bodies and be debated in Parliament as a bill before its definitive approval. The main lines of the approved text are those we advanced in our previous post: 1 ...
In case you missed it, there was an interesting piece in the January/February issue of Transaction Trends, the Electronic Transactions Association’s official publication. I highly recommend it, as it was a good look ahead. The feature, “Putting the ‘L’ in M-Commerce” was an interview with several prominent industry executives about loyalty cards and programs. Today, however, loyalty card programs are fragmented, to put it politely ...
Following a period of consultation, the Government has confirmed that legislative changes will be made to ensure that “protected persons” will not be affected by the statutory amendment power being introduced as part of the abolition of defined benefit contracting-out ...
Jack Wills, the clothing company that markets itself as “outfitters to the gentry” has enjoyed recent success in its action against House of Fraser regarding the use of its logo. Jack Wills complained that the rights in its logo comprising a silhouette of a pheasant wearing a top hat and holding a cane had been infringed by House of Fraser’s use of a logo on its own Linea brand of casual clothing that comprised a profile of a pigeon wearing a top hat and bow-tie ...
Administrative fines and increased fees for exploitation of the environment are increasingly included in environmental regulations as sanctions. Lawmakers in Poland more and more often provide for administrative financial sanctions for environmental violations because they are more convenient to enforce than criminal sanctions, which require proof of fault on the part of a specific perpetrator. Moreover, criminal liability may be imposed solely on individuals ...
Most marketers and retailers know that the consumer protection laws require that their advertising claims be substantiated, truthful and not misleading. But the new year is a good time to take stock of advertising campaigns, practices and procedures to make sure they pass muster under the Federal Trade Commission’s (FTC’s) latest guidance. The FTC’s recent enforcement actions provide a starting point ...
On January 13, 2014, the Food and Drug Administration ("FDA" or "the Agency") announced the availability of a much-anticipated draft guidance on its intended regulation of product promotion conducted via social media, titled Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media for Prescription Human and Animal Drugs and Biologics ...
Sierra Club v. Bostick (W.D. Oklahoma) In June 2012, environmental groups filed suit in the US District Court for the Western District of Oklahoma challenging the US Army Corps of Engineers’ issuance of Nationwide Permit (NWP) 12 for utility line projects, and use of NWP 12 for the Keystone Pipeline Gulf Coast Project.Sierra Club v. Bostick, 5:12-cv-00742-R (W.D. Oklahoma) ...
