Autonomous cars have really taken off in the last few years, particularly due to the interest of both consumers and the businesses who develop and improve them. In this context, on April 5 and 10, 2017, the City of Montréal and the Government of Québec respectively announced significant investments in the electrification and intelligent transportation sector to make the Province of Québec a pioneer of that industry ...
Cybersecurity is one of the most critical challenges facing our nation and our economy. U.S. regulators on both the state and federal level are working to keep pace with the challenges and risks posed by cybercrime. On March 1, 2017, the New York State Department of Financial Services (DFS) issued a new cybersecurity regulation designed to protect financial institutions, their information technology systems, and their customers from cybercrime1 ...
The Philippine Court of Appeals (CA) denied the petition by NGO Ang Aroroy ay Alagaan, Inc. and certain individuals, for the issuance of a writ of kalikasan against Filminera Resources Corporation, and its directors and officers. The petitioners have claimed that Filminera, which operates in the Philippine province of Masbate, had been causing environmental damage in the conduct of its mining operations in violation of local law, and that a writ of kalikasan should be issued ...
In addition to registering their trade marks with the Companies and Intellectual Property Commission (“CIPC”), brand owners should ensure that their trade marks are protected online. One way of doing this is by registering a domain name. What is a Domain Name?A domain name allows a party to establish its identity on the internet. It assists internet users to easily identify brand owners on the internet and to access their sites on the web ...
Can computers learn and reason? If so, what are the limitations of the tasks that they can be given? These questions have been the subject of countless debate as far back as 1937, when Alan Turing published his work on computable numbers1. Many researchers have devoted themselves to developing methods that would allow computers to interact more easily with human beings and integrate processes used to learn from the situations encountered ...
On March 23, 2017, the California Air Resources Board (CARB) approved new regulations on greenhouse gas emissions from oil and natural gas production and storage facilities. The regulations, which focus on methane emissions, represent the most aggressive effort by any U.S. jurisdiction to regulate greenhouse gas emissions from oil and natural gas production ...
A federal court in the District of Columbia has ordered the U.S. EPA to complete its review of air toxics emission standards for 13 source categories by June 30, 2020. Under the 1990 Clean Air Act Amendments, EPA must set maximum achievable control technology ("MACT") standards for stationary sources of hazardous air pollutants. The agency must review and, if necessary, revise those standards every eight years. 42 U.S.C. §§ 7412(d)(6), 7412(f)(2) ...
In March 2017, the Montenegrin Agency for the Protection of Competition carried out an unannounced inspection (dawn raid) at the business premises of Sava Trans d.o.o. Cetinje, a company engaged in freight transport, in order to collect data necessary for undertaking further actions carried out by the Agency ...
The courts’ widening of liability for polluted land and groundwater continues. From two new rulings it can be understood that taking responsibility in agreements can be held against the company that has chosen to be responsible. The fact that a person who pursues an activity or takes a measure (an “operator”) which results in pollution is also liable for the pollution is made clear in chapter 10 of Sweden’s Environmental Code ...
The California State Water Resources Control Board issued a notice today that all water users diverting water in California under Water Rights Permits, Licenses, Stockpond Certificates and Registration for Livestock Stockpond, Small Domestic or Small Irrigation uses must submit their annual water use reporting for the 2016 calendar year by April 1, 2017. All such reports must be filed online via the Report Management System (RMS) located at https://rms.waterboards.ca.gov/ ...
As of March 14, 2017, the recently enacted Consumer Review Fairness Act (the “Act”)1 will prohibit “gag clauses” – contract provisions that prohibit or restrict a consumer's ability to write negative reviews of products and services. While enforcement by the Federal Trade Commission (“FTC”) and state attorneys general is set to begin on December 14, 2017, businesses should act now to ensure compliance ...
On August 1, 2016, the legislative rule promulgated to implement the Aboveground Storage Tank Act became effective. The Rule is 63 pages long and contains detailed requirements for registering, designing, installing, operating, maintaining and closing tanks subject to the AST Act. The following is a handy reference list of the more significant compliance deadlines established in the Rule ...
In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, yesterday afternoon the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia Secretary of State its finalized Interpretive Rule outlining mechanisms for compliance with the imminent deadlines under the Aboveground Storage Tank Act (the “AST Act”), W. Va. Code §§ 22-30-1 et seq ...
The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for federal government construction projects. With this addition, many are now asking about the difference between Green Globes and LEED. Green Globes has emerged, in some parts of the U.S., as a rival building option to the more well-known Leadership in Energy and Environmental Design (“LEED”) system ...
With the spotlight recently cast upon it by the burgeoning Marcellus and other shale reserve developments, the oil and gas (“O&G”) industry has found itself increasingly the object of regulatory scrutiny. While the majority of commentary and new regulation has focused on the O&G industry’s fracking activities, the heightened regulatory attention has led to new levels of exposure in areas which the industry has traditionally not had extensive entanglement ...
It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information and documents, the way we communicate with and advise clients, how we conduct investigations, and how we participate in discovery ...
Late yesterday afternoon, the West Virginia Department of Environmental Protection (“DEP”) published on its website what it characterizes as a “rough draft” of its forthcoming emergency[1] rule (the “Draft Rule”), which is 79 pages in length. This Draft Rule comes nine days after the agency’s release of an Interpretive Rule implementing, in part, the new Aboveground Storage Tank Act (the “AST Act”), a summary of which is available here ...
On February 3, 2015, House Bill 2574 (“HB 2574”) was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act (the “AST Act”) during the 2014 regular session of the Legislature immediately following the contamination of the Elk River from Freedom Industries, Inc ...
By the time you are reading this, the October 1 deadline to register all aboveground storage tanks (“ASTs”) in West Virginia has passed, and the world is still turning. If you have not yet registered your ASTs, it is still a good idea to register any tanks that qualify as ASTs as soon as you can. However, the West Virginia Department of Environmental Protection (“WVDEP”) is proceeding with implementation of the Aboveground Storage Tank Act, W. Va ...
On August 7, 2012, the United States Court of Appeals for the Sixth Circuit in Summit Petroleum Corp. v. United States EPA, et al., Case Nos. 09-4348/10-4572, dealt the United States Environmental Protection Agency ("EPA") a major setback in its efforts to aggregate multiple, often disperse, emitting units in the oil and natural gas industry as a single stationary source - thus subjecting them to more stringent controls under the Clean Air Act ("CAA") ...
Dispute is heating up over IRS’s attempts to get personal information about users of Bitcoin and other virtual currencies. Last November, the Internal Revenue Service (“IRS”) filed a petition in the United States District Court for the Northern District of California. It sought the court’s permission to serve a “John Doe” summons on Coinbase, Inc., a virtual currency exchanger in San Francisco ...
2016 was the driest year in South Africa since rainfall records began in 1904‚ with the current drought predicted to continue well into 2017. Climate variables resulting in such devastating droughts are giving rise to increased competition for dwindling water resources in parts of South Africa. When water is critical to the ongoing operation of a business, it is important to establish precisely what right a business has to water and how to protect this right ...
The Trump Administration has signaled its intent to roll back the scope of federal jurisdiction under the Clean Water Act in an Executive Order issued on February 28. The Executive Order directs U.S. EPA and the Corps of Engineers to consider rescinding or revising the "Clean Water Rule," which defines when the Clean Water Act applies to wetlands, ponds, intermittent streams, and other water bodies that have a "significant nexus" to "navigable waters ...
On February 21, 2017 the Ninth Circuit Court of Appeals in the case San Luis and Delta-Mendota Water Authority v. Haugrud found that water releases under California Fish and Game Code Section 5937 to keep fish in "good condition" creates an exception to the requirement to obtain a water right permit change from the State Water Resources Control Board (SWRCB). The Haugrud case addresses the Bureau of Reclamation (BOR) 2013 release of Trinity River water from the Lewiston Dam ...
The Ministry of Transport National Infrastructures and Road Safety published a notice regarding a revision to the penalty amounts set out in the Aviation Services Law. Revisions were under the (Compensation and Assistance for Flight Cancellation or Change of Conditions), 5772 - 2012 (the "Law") and the Aviation Services Regulations (Compensation and Assistance for Flight Cancellation or Change of Conditions) (Domestic Flights) 5773-2013 (the "Regulations") ...