Articles in Environmental Law

Third Circuit Holds Owner Liable for Pre-Acquisition Remediation Costs under CERCLA

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The Third Circuit recently concluded that the owner of a remediated site could be liable under Section 107(a) of CERCLA for remediation costs incurred prior to its acquisition of the property. Pa. Dep’t of Envtl. Prot. v. Trainer Custom Chem. LLC 906 F.3d 85 (3d Cir. 2018). The case is noteworthy not only because of the significant implications for property owners and developers, but also because Read More

NSW Government Bulletin – summer edition

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Welcome to the summer edition of NSW Government Bulletin - your essential holiday season reading! In this special edition of our fortnightly publication, we take a magnifying glass to the issues and reforms that emerged over 2018 in key areas affecting government. We also cast forward to examine the expected major trends and developments for 2019. Our authors will also Read More

Employment Law Alert: Changes to MA Non-Competition Laws Starting October 1

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By now, many employers are aware that Massachusetts law governing non-competition agreements is changing at the end of this month. A non-competition covenant or agreement is a provision in either an employment agreement, offer letter or separate agreement where an employer provides to an employee or independent contractor payment or some other consideration (for example a stock option or bonus). Read More

WHAT BUILDING OWNERS NEED TO KNOW ABOUT NEW ENERGY DISCLOSURE REQUIREMENTS

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New California state regulations are impacting numerous owners of commercial property across the Golden State. Specifically, owners of nonresidential buildings face new disclosure requirements regarding energy use, with potential legal ramifications for noncompliance. Here’s what California building owners need to know to stay on the right side of the law. View entire article here. Read More

HOW WILL FEDERAL SOLAR PANEL TARIFFS IMPACT CALIFORNIA’S ENERGY POLICY?

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President Donald J. Trump’s decision to implement tariffs on imported solar panel components in early 2018 is expected to have a reverberating impact on the renewable energy industry in California, impacting both businesses and regulators. Among the many ramifications from the decision will be the need for the California Public Utilities Commission (CPUC) to revisit some of its policy decisions Read More

YOU HAVE BEEN WARNED: CHANGES COMING TO PROPOSITION 65 REQUIREMENTS

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New Proposition 65 warning requirements will come into effect August of 2018, requiring that entities doing business in California provide additional details in product warnings. The new regulations require additional content and specify the method of warnings for certain environmental exposures, industries, and products, e.g. food/alcohol. The new regulation also requires that warnings be provided prior to persons completing the Read More

UPDATE: U.S. SUPREME COURT DENIES CERT. IN INDIAN RESERVED GROUNDWATER RIGHTS CASE

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The U.S. Supreme Court today (November 27, 2017) upheld a key decision affecting Native American tribal rights. Last March, we posted regarding the remarkable Ninth Circuit decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (849 F.3d 1262 (2017)), in which the Ninth Circuit affirmed that the federal “reserved rights” doctrine for water established in the Read More

How New York State Is Making Energy Storage A Priority

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Law360, New York (August 3, 2017, 11:19 AM EDT) -- Notwithstanding New York’s aggressive efforts to lead the way in renewable energy and carbon  reduction, its programs have been relatively anemic when it comes to encouraging energy storage. In 2015, New York launched the NY-Sun Commercial / Industrial Incentive Program, which offered performance-based incentives for large-scale solar photovoltaic systems, and Read More

The new power block built in Kozienice did pass muster!

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After initial testing on Saturday, 9 September 2017, the new power block 11 was commissioned in the Kozienice Power Station owned by Enea S.A.  This type of coal-fired power plant is the largest in Poland and one of the largest in the world. The latest power unit in Kozienice will produce approx. 8 TWh of electricity per year, 5% of Read More

New energy requirements turn up the heat in the commercial property market in Scotland

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New energy performance regulations that came into force in Scotland last month (September 2016) could have significant financial implications for owners and tenants of commercial property. On the one hand, the regulations will add costs for owners and tenants. On the other, owners or tenants who do their homework can manage the cost and even benefit from the change – Read More