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Persistent dry conditions are driving up the cost of water and prompting more resistance from government and citizens to new development. Groundwater use will total about 400 million to 500 million gallons annually, and local governments and citizen groups have objected. .
The PPCDAm represents a package of measures and financial directives by the Federal Government to combat deforestation and degradation in the Amazon. In 2020, the Supreme Court held a preliminary public hearing for the parties to present facts on deforestation in the Amazon and the results achieved by the PPCDAm between 2004 and 2020.
3), upheld the City of Livermore’s (“City”) approval of a 130-unit affordable housing project on a downtown infill site and its accompanying determination that the project was CEQA-exempt under Government Code section 65457 (“Section 65457”). ( Save Livermore Downtown v. City of Livermore (2023) __ Cal.App.5th__ 5th__ (“ SLD” ).)
In a much-anticipated decision, the United States Supreme Court held that choice-of-law provisions in marine insurance contracts are presumptively enforceable under federal maritime law with a few narrow exceptions. The policy selected New York law to govern all future disputes arising under the contract. LLC , 601 U.S.
On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B The adopted constitutional law adds an express reference to the protection of the environment and animals, by amending Articles 9 and 41 of the Italian Constitution.
Supreme Court has agreed to hear and decide an important “regulatory takings” case from California that has major implications for federal, state and local governments nationwide. Which brings us to a quick review of applicable regulatory takings law. The case is Sheetz v. County of El Dorado, Docket No. Constitution.
In 1977 President Jimmy Carter nominated Heine as the first Director of the federal Office of Surface Mining Reclamation and Enforcement after the passage of the first federal law to comprehensively regulate coal mining operations-- the Surface Mining Control and Reclamation Act-- that same year. Heine Associates, Inc.
On April 19, the United States Government Accountability Office (“GAO”) released a report (the “Report”) in response to a request from the House of Representatives Committee on Natural Resources regarding the oversight and decommissioning of pipelines in federal waters, which are mainly located within the Gulf of Mexico.
While the idea of ESG began in 2004 with a United Nations initiative to influence capital in non Western markets, in 2021 the legal and political institutions in the United States and the EU are demanding those ideas be implementing with due haste. If each country (.
In September of 2004, attorneys represented 80,000 plaintiffs in a class action lawsuit against DuPont which settled for $374 million. Based on these results, 3,500 residents that did not settle in the 2004 class action suit have brought individual liability lawsuits against DuPont for health problems linked to C8. million Americans.
Guam’s Clean Water Act consent decree may be a less common set of facts than state law settlements with state enforcement agencies. But sometimes the state settlement bars a later CERCLA claim by the state against the settling party by action of state law, rather than by express terms of the agreement. Chicago Bridge & Iron Co. ,
Observing that where an administrative remedy is provided it is a “jurisdictional prerequisite” that must be exhausted before courts will act (citing Citizens for Open Government v. City of Berkeley (2004) 122 Cal.App.4th City of Lodi (2006) 144 Cal.App.4th City and County of San Francisco (2021) 60 Cal.App.5th 4th 572, 592.)
UNOCAL appealed to the Fifth Circuit, arguing, inter alia , that Sojitz’s claim for equitable subrogation failed as a matter of law because the Outer Continental Shelf Lands Act (“OCSLA”) does not grant BSEE a civil claim for monetary damages based on a party’s failure to perform decommissioning to which Sojitz could subrogate. 611 (Bankr.
The Grand Jury’s two-year investigation uncovered systematic failure by government agencies in overseeing the fracking industry and fulfilling their responsibility to protect Pennsylvanians from the inherent risks of industry operations. Yet the state law minimum “set-back” for well construction is only 500 feet. Read more here.
On April 19, the United States Government Accountability Office (“GAO”) released a report (the “Report”) in response to a request from the House of Representatives Committee on Natural Resources regarding the oversight and decommissioning of pipelines in federal waters, which are mainly located within the Gulf of Mexico.
Is this an element of state water law or something new and different? Nevertheless, the federal government has not funded weather modification research and operations since the WDMP program, but states have increasingly become involved in weather modification regulation. Who is responsible for any collateral consequences? 490, 90 Stat.
which governs notarial acts of correction: A. (1) 17] Several years later, the Harts entered into a mineral lease with Spanoil Exploration with a three-year primary term that would conclude on May 9, 2004, even though the Harts’ mineral servitude would expire on March 3, 2004 if not used. [18]
for hiding information about acceleration problems from buyers and government officials, as well as $1 billion in compensation to car owners, after as many as 37 people were reported killed in runaway vehicles. Federal Government (via USA Spending) Toyota contracts with the U.S. It paid out a fine of $1.2 billion in 2014 to the U.S.
We must apply the laws that the Legislature has written to the facts in the record. Factual and Procedural Background UC campuses are required by law to periodically adopt LRDPs to guide their decisions on land and infrastructure development. Amador Water Agency (2004) 116 Cal.App.4th Our task is limited. 4th 1099, 1109.)
The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7] Caremark, Inc.,
After reciting the legal principles and substantial evidence standard of review governing CEQA subsequent review following certification of an EIR for a project, the Court examined in detail and rejected each of MCWD’s arguments. City of Los Angeles (2004) 126 Cal.App.4th 4th 439, 463; Banning Ranch Conservancy v. 4th 1180, 1207.)
Comply with laws, regulations, and other environmentally-orientated requirements. Official revisions were released in 2004 and 2015. The number 14000 is an identifier that refers to the broad family of Environmental Management System (EMS) standards. Adopt processes to continually improve on the above.
At best, the Court found the relators were the original source of alleged Food, Drug and Cosmetic Act violations, but because they failed to present any evidence that those purported violations induced false claims to the government, they were not FCA ones. Reg’l Healthcare Sys., 3d 168, 174 (5th Cir.
The New SCCs—replacing the controller-to-controller and controller-to-processor SCCs (Prior SCCs), which were adopted in 2001, 2004 and 2010—are intended to address concerns set out in last year’s groundbreaking European Court of Justice (CJEU) Schrems II decision.
On appeal, the Second Circuit agreed with the trial court's holding that Section 230 preempted the user's state and constitutional law claims. In 2004, its offshore site was damaged by Hurricane Ivan and leaked oil; consequently, Taylor was required by statute to decommission the site.
Demands to divest government shares in British American Tobacco Dhaka Tribune | October 30, 2016 The leaders of the protest urged that the government withdraw from the company and discourage investment in a sector that is harmful to human health.
CorpWatch Stories Stalled Case Against ExxonMobil Sees Movement Jacqueline Koch | Special to CorpWatch | July 14, 2004 After languishing in the courts for two years, a lawsuit that accuses ExxonMobil of complicity in human rights violations is beginning to move, thanks to the Supreme Court's recent decision to uphold the Alien Tort Claims Act.
CorpWatch Stories Stalled Case Against ExxonMobil Sees Movement Jacqueline Koch | Special to CorpWatch | July 14, 2004 After languishing in the courts for two years, a lawsuit that accuses ExxonMobil of complicity in human rights violations is beginning to move, thanks to the Supreme Court's recent decision to uphold the Alien Tort Claims Act.
million tons were recycled, which is roughly the same amount that was recycled in 2004-- 5.14 She reported the overall amount of waste generated in Pennsylvania has increased 8.3 percent between 2015 and 2021-- from 14.3 million tons to 15.6 million tons. In 2019, the most recent year available, 5.25 million tons. percent-- 8.62 million tons.
The Court held that judgment on the pleadings was improper as to the CEQA claim because Government Code section 66499.37, the Subdivision Map Acts (SMA) statute of limitations requiring filing and service of summons within 90 days in subdivision-related actions, could not completely dispose of that cause of action. Mitchell L.
In September, the Sierra Club, one of the largest environmental organizations in the United States, filed a lawsuit seeking an immediate ban on the transportation of crude oil in allegedly outdated and unsafe tank cars despite the fact that the government has proposed regulations to address the same concerns. Circuit 2004).
The HPP is made up of nearly 300 health care professionals, associations, health systems, health and human services organizations, community collaborations, local public health agencies, government agencies, and others focused on improving health outcomes across the Commonwealth. 27 Released 1.1
In 2004 Michael and Chantell Sackett bought property near Priest Lake, Idaho and backfilled the lot with dirt in preparation for building a house. Sometimes the most monumental Supreme Court decisions spring from the most modest facts. at (slip op.
ATHOS I had its genesis in a 2004 vessel allision and oil spill on the Delaware River between New Jersey and Pennsylvania. A subrogated claim by the Government may only be met by defenses that would have been available to the defendant in response to the original claims of the subrogor. as Owner of the M/T ATHOS I , Nos.
Finally, the Strategy considers how competition law enforcement can help address affordability concerns. The Strategy refers to the Commission’s policy initiatives on intellectual property and data governance and how those can support innovation and competition. Streamlined innovation and enhanced competition.
19] Although the Second Circuit found solidary liability in this instance, it is important to note that the Court stated that the case at issue was “highly fact-intensive and should not be construed as governing other cases that may follow unless the same facts exist.” [20] 3] The Lease was executed in September 2004 and covered 1,390.25
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court rejected Exxon’s argument that it could withhold documents based on an accountant-client privilege under Texas law. and non-U.S. Avista Corp.
That research is broad and heavily funded by the federal government, totaling more than $660 million in 2020 grants to the states alone. For ten years—from 1994 to 2004—there was a limited ban on assault weapons. Comprehensive statistics on automobile safety have been collected since the 1960s.
Since 1999, after the Chinese government approved the reactor plans, TVEL, Russia’s nuclear fuel company and a Rosatom subsidiary, worked with the China Institute of Atomic Energy to supply highly enriched uranium fuel (64.4% Transfers of highly enriched uranium happened in July 2004 , March 2014 , and July 2019.
ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Businesses cannot ignore or refuse to think about the environmental, social and governance (ESG) space; it is not going away.
Several workers have also been injured and others killed in explosions at the Point Comfort plant in 2005 and at a PVC plant in Illiopolis , Illinois in 2004. PVC plants operated by Formosa in Baton Rouge, Louisiana, and in Point Comfort, Texas, have also been subject to numerous protests over pollution and elevated cancer rates.
The company was a major target of anti-apartheid boycotts in the 1980s over its role in supporting the white South African government with fuel and money but just 192 rand ($22) in annual rent for two petrol stations on Umnini tribal land in KwaZulu-Natal, where blacks were not allowed to own land. billion pounds of ethylene a year.
The company was a major target of anti-apartheid boycotts in the 1980s over its role in supporting the white South African government with fuel and money but just 192 rand ($22) in annual rent for two petrol stations on Umnini tribal land in KwaZulu-Natal, where blacks were not allowed to own land. billion pounds of ethylene a year.
The company was a major target of anti-apartheid boycotts in the 1980s over its role in supporting the white South African government with fuel and money but just 192 rand ($22) in annual rent for two petrol stations on Umnini tribal land in KwaZulu-Natal, where blacks were not allowed to own land. billion pounds of ethylene a year.
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