In DR Jones Yeovil Ltd v The Stepping Stone Group Ltd [2020] EWHC 2308 (TCC), England’s Technology and Construction Court ruled in favour of a contractor in its claim for unpaid retention under a JCT contract and dismissed the employer’s counterclaim for alleged defects. Certificates of Making Good were never issued and one of the questions before the court was whether that meant there could be no recovery of the balance of retention ...
Does the COVID-19 pandemic (or actions taken to counter the spread of COVID-19) constitute Force Majeure and is there any implied remedy (e.g. implied force majeure relief) arising as a result of the COVID-19 pandemic? Under English law, unlike civil law systems, force majeure is neither defined nor automatically applicable to commercial contracts ...
The timing of challenges to an expert witness’s evidence has been considered in the Supreme Court case of Tui Ltd v Griffiths [2023] UKSC 48, with judgment handed down on 29 November 2023. Although the case emanated from a holiday claim in the County Court, this Supreme Court decision is of significance to all cases where parties seek to rely on evidence from experts or witnesses of fact ...
On October 01, 2020, Law No. 17 ...
British Government aims to forbid import of commodities from deforested areas as a consequence of international discussions focused on ESG. In 2019, the British Government hired the independent consultancy 'Global Resource Initiative' ("GRI") to evaluate actions to ensure a more sustainable economy for the United Kingdom ...
On November 15, 2023 the Ministry of Industry and Trade has submitted to the authorized departments for approval a draft governmental decree (“Decree”) banning the use of polymer goods and packaging waste from which is not recyclable or inefficiently extracted. In case the draft Decree receives positive feedback, it will undergo further consideration in the Russian government and subsequently adopted ...
Following the publication of its guidance on environmental claims in September 2021, the Competition & Markets Authority (CMA) will start reviewing potentially misleading claims in January 2022. Enforcement action may follow if claims breach consumer law ...
Many regulated entities are struggling to comply with certain environmental reporting, monitoring and settlement agreement requirements because of the impact of shelter in place orders, supply chain disruptions, and social distancing requirements relating to the COVID-19 pandemic response ...
As competition for project siting increases, so do the challenges of development due diligence. This webinar will address significant issues and questions surrounding real estate contracts, title insurance, and environmental assessment and permitting common in solar PV project development. Bradley’s renewable energy attorneys will share advice and experience managing key development challenges and environmental compliance concerns presented by solar PV project development ...
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 ...
On February 22, 2018, the Center for Biological Diversity (CBD) sent the Environmental Protection Agency (EPA) a notice of intent to sue letter for failure to approve Kentucky’s air quality plan for limiting fine particulate (PM2.5) emissions in the Louisville, Kentucky area. Kentucky’s Energy and Environment Cabinet submitted a revision to the Jefferson County portion of the Kentucky State Implementation Plan (SIP) to EPA December 21, 2016 ...
Environmental groups are attempting to enlist the U.S. Department of Commerce in their fight against fracking operations and climate change by petitioning DOC to ban natural gas exports under the Energy Policy and Conservation Act of 1975 (EPCA).To read the full alert, click here ...
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 ...
The Environmental Liability Directive aims to establish a common framework of environmental liability across the EU to prevent and remedy certain types of environmental damage. The framework is based on the “polluter pays principle”. The implementation date for member states was 30 April 2007. Ireland has not complied with this transposition date and will not have transposed it as a current estimate until early 2008 ...
In general, the directors and officers of a legal person have obligations and responsibilities relating to the legal person?s activities. Each director must act with prudence, diligence, honesty, loyalty and in the legal person?s interest.1 Each officer is responsible for representing the legal person and directing its activities ...
On Monday, the Environmental Protection Agency (“EPA”) released its Clean Power Plan (“CPP”), the cornerstone of the Obama Administration’s multi-faceted regulatory approach to address climate change.1 The final rule is centered on reducing CO2 emissions from fossil fuel-fired power plants by 32 percent from 2005 levels by 2030 ...
Following the bioeconomy trend, the National Policy of Payment for Environmental Services was published, establishing the payment for services that benefit the maintenance, recovery and improvement of ecosystemic services, such as provision services (e.g. water supply), and regulation services (e.g. climatic change programs). On January 14, 2021, the Federal Law No. 14,119 ("Law") establishing the National Policy of Payment for Environmental Services ("PNPSA") was published ...
The International Council on Mining & Metals published new standards for tailings management, aiming to assist mining companies to improve their performance and to comply with safety and environmental requirements ...
Broadly speaking, environmental, social, and governance (ESG) investing is understood as investing that incorporates ESG factors in investment decisions. It is often used interchangeably with the terms sustainable investing, responsible investing, ethical investing and impact investing ...
October 19, 2021 By: John Epperson EPA released its plan for actions to address PFAS contamination on October 18, 2021. This is an aggressive and wide-sweeping plan that reaches across multiple statutory authorities. Much of the Roadmap will require regulatory rulemaking to implement, providing the regulated community an opportunity to get involved and shape the final rules ...
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 ...
The Environmental Protection Agency (EPA) recently announced that it will extend its current set of six National Enforcement Initiatives through fiscal years 2014–2016. EPA’s current list of top priorities includes reducing air emissions from major industrial and utility sources, reducing contamination from mineral processing operations and ensuring that energy extraction activity complies with environmental regulations ...
