In our October 22, 2002 Alert, we discussed the importance of the new compliance history rules of the Texas Commission on Environmental Quality (“TCEQ”). Basically, a company’s compliance history will affect permitting, availability of innovative programs, and enforcement, including unannounced inspections. Be alert that the TCEQ compliance history rules ignore traditional distinctions between mergers and assets acquisitions involving successor liability ...
In our October 22, 2002 Alert, we discussed the importance of the new compliance history rules of the Texas Commission on Environmental Quality (“TCEQ”). Basically, a company’s compliance history will affect permitting, availability of innovative programs, and enforcement, including unannounced inspections. Be alert that the TCEQ compliance history rules ignore traditional distinctions between mergers and assets acquisitions involving successor liability ...
Homeland Security Act of 2002: * On November 25, 2002, President Bush signed the “Homeland Security Act of 2002” into law, which establishes the Department of Homeland Security and includes provisions which may significantly alter the visa issuance process at U.S. Consulate/Embassy posts and adjudication of INS petitions. We will continue to provide updates as information becomes available. Department of State: * DOS issued a Worldwide Caution on November 20 reminding the country that U.S ...
Department of Justice/Immigration and Naturalization Service: * DOJ is implementing the National Security Entry-Exit Registration System (NSEERS) to enable the government to track the approximately 35 million non-immigrants who enter the U.S. each year. As part of NSEERS, certain non-immigrants will continue to register at a port-of-entry upon admission to the U.S. Other non-immigrants who were admitted to the U.S ...
The U.S. Environmental Protection Agency and the Corps of Engineers recently issued an Advance Notice of Proposed Rulemaking regarding the definition of “waters of the United States,” which was published in the Federal Register on January 15, 2003. EPA and the Corps will be accepting comments that the agencies will use in developing rules clarifying what waters are subject to regulation under the Clean Water Act ...
Department of Justice/Immigration and Naturalization Service: * INS has temporarily lowered its filing fees for certain petitions/applications. The fee change is due to a provision of the Homeland Security Act of 2002 requiring the elimination of a surcharge the INS previously attached in order to fund asylum and refugee services, fee exemptions and fee waivers ...
The U.S. Environmental Protection Agency (“EPA”) recently issued a proposed rule and a notice of future of rulemaking under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) regarding standards for “all appropriate inquiry,” which are important to a variety of businesses, especially those engaged in real estate transactions ...
Department of Justice/Immigration and Naturalization Service: * DOJ’s Immigration and Naturalization Service becomes part of the Department of Homeland Security (DHS) on March 1, 2003. Within the DHS, the Bureau for Citizenship & Immigration Services (BCIS) will handle the immigration benefits function, including employment-based nonimmigrant and immigrant petitions and applications for adjustment of status. The new Director of the BCIS is Eduardo Aguirre ...
Department of Homeland Security/Bureau of Citizenship and Immigration Service: * Immigration benefits previously provided by the Department of Justice’s Immigration and Naturalization Service (INS) are now the responsibility of the Department of Homeland Security’s Bureau of Citizenship and Immigration Service (BCIS). All familiar customer services are to remain in place ...
Mobile TeleSystems, Russia's leading mobile communications operator and one of the largest mobile operators in Eastern Europe, has acquired a 57.7% stake in Ukrainian Mobile Communications (UMC), the second largest Ukrainian mobile operator, for €194.2 million. In November 2002 Mobile TeleSystems signed a purchase agreement for 57.7% of UMC's shares. Under the agreement, Mobile TeleSystems was to acquire the 16 ...
Department of Homeland Security/Bureau of Citizenship and Immigration Service: * BCIS announced plans to implement electronic filing (e-filing) as an option for two of the most commonly submitted immigration applications, the Application to Renew or Replace a “green card” and the Application for Employment Authorization. BCIS plans to launch e-filing for these applications in May 2003 and to further expand e-filing to other applications and petitions in fall 2003 ...
As seen in Oil & Gas Journal
On April 9, 2003, the Securities and Exchange Commission (the “SEC”) issued a new rule directing the national securities exchanges and national securities associations to prohibit the listing of any security of a company that is not in compliance with the audit committee requirements mandated by the Sarbanes-Oxley Act of 2002. The new rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of 1934 (the “Exchange Act”) by adding new Exchange Act Rule 10A-3 ...
Incoming Call ChargesIn February 2003 the Ukrainian Parliament overruled President Kuchma's December 2002 veto against an amendment to Article 12 of the Communications Law 1995. The amendment prohibits all telecommunications operators from charging their customers for incoming calls. On March 13 2003 the president duly signed the amendment, which will come into effect six months after its official publication (ie, on September 18 2003) ...
Bureau of Citizenship and Immigration Services (“BCIS”): * BCIS has announced the availability of electronic filing (e-filing) for two types of applications: Form I-90, Application to Replace Permanent Resident Card, and Form I-765, Application for Employment Authorization Document. Although many applicants will be eligible to take advantage of the e-filing system, some applicants will still need to make paper filings. Additional e-filing information may be obtained at www.bcis.gov ...
Chemical manufacturers, processors, and distributors, petroleum refiners and distributors, and other manufacturers are potentially affected by a “policy clarification and reporting guidance” issued by the United States Environmental Protection Agency (EPA) on June 3rd, 2003, relating to § 8(e) of the Toxic Substances Control Act (TSCA) ...
Related Practice Groups Environmental During the 78th Legislative Session, the Texas Legislature passed a massive tort reform bill, H.B. 4, that will result in sweeping changes not only to tort cases but also to litigation generally. Several changes critically impact environmental cases. The purpose of this memorandum is to alert you to some of these changes ...
The Texas Commission on Environmental Quality (“TCEQ”) recently published an Interoffice Memorandum (“the Memorandum”) that directs the agency’s offices how to handle reporting of spills and releases, including the discovery of historic contamination. It defines “historic contamination” as a “release” from an inactive source, whether of known or unknown quantities, citing as an example, contamination discovered during excavation activities ...
Under Section 113 of the Clean Air Act, when it finds that a regulated party is engaged in unlawful activity, EPA may, among other things, issue an administrative compliance order (ACO) that directs that party to comply, provided: (a) the ACO is based upon any information available to the Administrator; (b) the ACO is issued thirty days after the issuance of a Notice of Violation; and (c) the regulated party is given an “opportunity to confer” with the Administrator ...
Immigration
Related Practice Groups Environmental The Texas Commission on Environmental Quality (“TCEQ”) recently published an Interoffice Memorandum (“the Memorandum”) that directs the agency’s offices how to handle reporting of spills and releases, including the discovery of historic contamination. It defines “historic contamination” as a “release” from an inactive source, whether of known or unknown quantities, citing as an example, contamination discovered during excavation activities ...
In response to the terrorist attacks of September 11, 2001 and other threats related to hazardous materials, the U.S. Department of Transportation (“DOT”) has revised its regulations related to the transportation of hazardous materials ...
I. Introduction President Vicente Fox has devoted significant political efforts to reform the energy sector. He is well aware of the current needs for investment, particularly in power generation and non-associated gas exploration and production. He is also aware that the government will not have the necessary funds to match the anticipated growth of energy demand ...
I. Introduction Mexico’s power generation sector is facing a possible crisis in the near future. The Federal Government has estimated that over 27,000 megawatts of additional power generation capacity will be needed by 2009 to avoid a power crisis in the country. Since 1960, the electricity sector has been reserved to the State ...
As natural gas commodity prices continue their near-term climb, and new domestic sources become harder to find, many oil and gas producers and large gas users such as chemical companies are looking abroad for a cheaper and more readily available source of supply ...
