Earlier this year, the Tenth Circuit dismissed two appeals in connection with the Bureau of Land Management’s (“BLM”) Final Rule implementing its regulations imposing new standards and obligations on hydraulic fracturing on federal and Indian lands (“Fracking Rule”). The appeals had been filed challenging the district court’s prior ruling that struck down the rule in the face of industry, state, and tribal challenges ...
Many of us are aware of the popular myth that ostriches believe burying their heads in the sand will make them invisible to predators. In other words, an “if I can’t see you, you can’t see me” approach. Even though scientists will tell you that this is not true, the approach seems to bear a resemblance to the online behaviour of some humans ...
Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected? A new economic reality functioning in cyberspace has arisen before our very eyes. Human activity, both positive and negative, is moving to the virtual arena that functions above and beyond state borders ...
The European Court of Justice makes important clarifications relevant for dominant firms'' pricing and rebate policies in its recent Intel-judgment Introduction In recent months, the European Court of Justice (''ECJ'') delivered its long awaited judgment in the Intel appeal case. The judgment sets aside the ruling by the General Court and refers the matter back to that court ...
Benefit corporation legislation created a new kind of corporation that is required to pursue a social and environmental mission in addition to creating economic benefits for its shareholders. California pioneered the model benefit corporation legislation with its passage in 2011, and Delaware passed its own form of benefit corporation legislation in 2013 ...
The Ministry of Energy has announced that before the end of the Peña Nieto Administration on December, 2018, the National Hydrocarbons Commission (CNH) will call the fifth bid of Round 2 (commonly known as Bid 2.5) for the award of exploration and production contracts for onshore blocks, which will include unconventional or shale blocks ...
By August 23, 2017 Proclamation, the Governor of the State of Texas declared that Tropical Depression (now Hurricane) Harvey poses a threat of imminent disaster in 30 counties in and around the Texas coast beginning August 23, 2017. In response, the Executive Director of the Texas Commission on Environmental Quality (TCEQ), in a press release, directed regulated entities to its guidance at https://www.tceq.texas.gov/response/hurricanes ...
For the first time in ASTM E1527-13 (E1527-13),1 ASTM required the environmental professional (ENV Pro) to actively conduct a vapor survey.2 But it is difficult to explain how an ENV Pro should conduct a vapor survey, resulting in potentially deficient Phase I Environmental Site Assessments (Phase I ESAs) being provided to entities purchasing and investing in real property ...
Local authorities will welcome a decision by the Court of Appeal that Powys County Council is not liable for contamination caused by a former landfill site operated by its predecessor. However, the decision is not such good news for landowners. Background Mr Price and Mrs Hardwick own a farm near Builth Wells in mid-Wales ...
The Kentucky Division of Waste Management (DWM) has proposed regulatory requirements for the disposal of technologically enhanced naturally occurring radioactive material (TENORM) waste generated from oil and gas development activities containing combined Radium 226 and Radium 228 in concentrations exceeding regulatory limits. The proposed regulations provide criteria for TENORM to be disposed in a permitted contained landfill ...
California defamation law continues to evolve as the courts synthesize well-settled legal principles with ever-changing technological realities. On July 21, 2017, California’s First District Court of Appeal issued a published opinion in ZL Technologies v. Does 1-7 (July 21, 2017) 2017 DJ DAR 6999 ...
According to the advocate general’s opinions in C-434/15 Elite Taxi and C-320/16 Uber France, Uber does not provide information society services, but local transport services which may be regulated by EU member states. It has been more than ayear since we signalled that the Court of Justice of the European Union would need to resolve the legal classification of the services provided by Uber ...
The adoption of the Federal Law No 156-FZ “On Amendments to the Federal Law "On Information, Information Technologies and Information Protection” entered into force October 1, 2017 (hereinafter the “Federal Law”). 1 ...
We previously reported on recent efforts to rescind the Obama Administration’s rule amending the Clean Water Act’s “waters of the United States” (“WOTUS”) definition. This followed, as we also reported, the Sixth Circuit’s nationwide stay of the Obama Administration’s WOTUS rule ...
We would like to inform you of the recent developments of Russian cybersecurity legislation. The draft law “On Security of Critical Information Infrastructure” has passed the third (final) reading at the Lower Chamber of the Russian Parliament and has been sent to the Upper Chamber for final approval. Afterwards Russian President will likely sign the document ...
On January 1, 2019, local agencies will be required to comply with new requirements for posting agendas on their websites (AB 2257). The California Brown Act requires that any local agency must post an agenda 72 hours in advance of a regular meeting. If an agency has a website, then the agency is required to post the agenda on their website ...
The Digital Economy Act 2017 introduces a new electronic communications code, intended to facilitate widespread connectivity and address some of the critical issues that currently beset the telecoms industry. The current electronic communications code was issued in 1984 and it was designed to facilitate the installation and maintenance of fixed line communications networks ...
A successful appeal against a remediation notice has highlighted the difficulties faced by local authorities when trying to secure the remediation of contaminated land. The appeal is only the second appeal to the Secretary of State for Environment, Food and Rural Affairs (SoS) since the contaminated land regime in Part 2A of the Environmental Protection Act 1990 was implemented in 2000 ...
Congress approved Supreme Decree Nº 2954, on Integral Waste Management (the “Regulation”) within the framework of article 344 of the Constitution, which provides that the State shall regulate the internment, production, commercialization and use of techniques, methods, input materials and substances that affect health and the environment ...
The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector. Opportunities and Challenges – 6 Key Themes Three Key Opportunities 1 ...
In recent months, the Senate passed the Act to prohibit and prevent genetic discrimination (Genetic Non-Discrimination Act). This Act also amended the Canada Labour Code and the Canadian Human Rights Act. The new Act aims to regulate the use of genetic tests, namely, tests that analyze the DNA1, RNA2 or chromosomes of a person for predictive or monitoring purposes or for establishing a diagnosis or prognosis, mainly within a contractual framework ...
The Federal Environmental Agency (“IBAMA”) published Ordinance No. 01/2017, which provides for the improvement and unification of the procedures of suspension and/or blocking of the access to the Forest Origin Document (“FOD”) module. FOD is an instrument of the National Control System of the Origin of Forest Products (“SINAFLOR”) for the control of transportation and storage of forest products. In this sense, Ordinance No ...
On June 27, 2017, the US EPA and the Army Corps of Engineers took the first of two steps to narrow the Clean Water Act’s scope. The agencies proposed a rule rescinding the Obama Administration’s 2015 Clean Water Rule defining “waters of the United States” (“WOTUS”) and replacing it with its prior definition ...
