On May 12th, EPA issued two rules that will significantly impact the oil and gas industry nationally. The first rule, an outgrowth of the President’s Climate Action Plan, establishes new source performance standards (“NSPS”) to curb emissions of methane, as well as volatile organic compounds (“VOCs”), from new natural gas and oil well sites and from new natural gas production gathering and boosting stations, processing plants, and transmission compressor stations ...
The Climate Action and Low Carbon Development Act 2015 (the Act) was signed into law on 10 December 2015. The Act comprises of a framework designed to achieve a low carbon, climate resilient, and environmentally sustainable economy by 2050. The Act provides for two statutory plans which will guide policy in relation to greenhouse gas emission reduction and climate change adaption. The plans are: 1) National Mitigation Plan; and 2) National Adaption Framework (NAF) ...
Responding to a Supreme Court mandate, the Environmental Protection Agency (“EPA” or “the Agency”) yesterday published a final supplemental finding that it is necessary and appropriate to regulate hazardous air pollutants emitted from coal- and oil-fired power plants under Section 112 of the Clean Air Act. 81 Fed. Reg. 24,420.Read the full alert ...
Entities that file disclosures with the Securities and Exchange Commission (“SEC”) should be aware of recent actions by regulators and shareholders questioning the sufficiency of opinion statements made in environmental-related disclosures. Most recently, on March 31, 2016, the SEC announced a settlement with Navistar International Corp ...
The High Court has delivered judgment in the case of Minch v The Commissioner of Environmental Information (CEI) (16 February 2016) concerning the scope of access to environmental information ...
The Environmental Protection Agency (“EPA”) is embarking on a compliance initiative to ensure that sources that handle hazardous waste are complying with the Resource Conservation and Recovery Act (“RCRA”) requirements, particularly that sources are operating within their correct generator status, disclosing certain hazardous waste activities, and submitting required reports ...
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 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 ...
Ahead of the recent election it was no secret that the Conservatives wanted to see a cut in taxpayer support for the development of wind farms. What did come as a surprise was the recent announcement by the Westminster Department of Energy and Climate Change (DECC) that the main form of subsidy for wind farms would suddenly be closed in March 2016 ...
In June 2015, the Superior Court of Québec sided with a real estate developer who applied for an order requiring the Quebec Ministry of Transport (MOT) to fix a highway interchange whose construction in 2007 caused the developer’s land to be flooded1. This article summarizes the court’s principal findings. The ruling has been appealed by the Quebec Ministry of Sustainable development, Environment and the Fight against climate change (MSDEF) ...
Michigan vs. EPA, the Supreme Court continues to curtail EPA’s ability to regulate emissions from power plants by limiting the deference the Court will grant EPA on issues of statutory construction. In the 5 to 4 decision, authored by Justice Scalia and joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito, the Court held that EPA’s air toxic standards for regulating mercury emissions from coal fired power plants were “unreasonable ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
