Energy and Climate Law

APRIL 29, 2020

The coronavirus (COVID-19) keeps affecting all areas of life and also impacts upon energy law. This blog entry provides a first overview of energy law measures that selected European countries (Germany and the Netherlands) have taken to tackle the energy-related repercussions of the corona-crisis. Germany The legislator in Germany reacted in early March and established three so called ´moratoria´ for the duraction of three months: one safeguarding tenants who cannot pay their rent anymore, one a

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New Scientist

APRIL 28, 2020

The question of how the brain gives rise to subjective experience is the hardest of all.

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JANZEN AG

APRIL 27, 2020

As someone who is immersed in legal issues related to data privacy and ownership, it should come as no surprise that I have a Google alert set up so that I get notified when a company uses the words “transparency” and “ag data” in a sentence. I get 2-5 emails per week, so there is still a lot of buzz in the industry surrounding ag data. What I observe from the email traffic is interesting.

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Eco Coach

APRIL 21, 2020

Tomorrow is Earth Day. Unlike past Earth Days, this one will be celebrated remotely as we are in the midst of the COVID-19 pandemic and the large majority of us are practicing shelter in place. Even though the climate change and single use plastics (can you say plastic gloves?) discussions have been tabled to focus on this more immediate threat, it is important to remember that climate change is still here.

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Speaker: Nikhil Joshi, Founder & President of Snic Solutions

Is your manufacturing operation reaching its efficiency potential? A Manufacturing Execution System (MES) could be the game-changer, helping you reduce waste, cut costs, and lower your carbon footprint. Join Nikhil Joshi, Founder & President of Snic Solutions, in this value-packed webinar as he breaks down how MES can drive operational excellence and sustainability.

Waste

The Energy Law Blog

APRIL 30, 2020

While the long-term fallout from the recent decline in oil prices and the COVID-19 pandemic remains unclear, it is clear that drilling activity has already started to decline. During this downturn in activity, mineral rights owners must remain cognizant of the maintenance activities necessary to preserve their mineral rights. Cannisnia Plantation, LLC v.

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Environmental Law Prof Blog

APRIL 30, 2020

Imagine, for a moment, that our current discussions about coronavirus shelter-in-place orders were happening in a somewhat different political reality. In that alternative reality, the President and state governors agree that states need to be key players in decisions, but.

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New Scientist

APRIL 7, 2020

Strange particles observed by an experiment in Antarctica could be evidence of an alternative reality where everything is upside down

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JANZEN AG

APRIL 22, 2020

The National Farmers Federation of Australia has published a Farm Data Code to assist tech providers with development of policies for collection of agricultural data. The Australian Farm Data Code arrived nearly five years after the North America’s “ Core Principles ” for ag data, the Privacy and Security Principles for Farm Data, so I thought it would be worth examining how these two documents compare, and whether Australian Farm Data Code is a refinement of North America’s Core Principles or a

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Eco Coach

APRIL 14, 2020

As the time of this writing, we are in the middle of the COVID-19 pandemic, with most of the globe adopting shelter in place. This is an unprecedented time in modern history, and small businesses, self-employed individuals and freelancers are wondering what the future will hold post-pandemic – as is everyone else. One thing is for certain, once business as usual resumes – if there will be such a thing – businesses of all sizes and across most industries will be re-evaluating what projects they c

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The Energy Law Blog

APRIL 30, 2020

A special meeting of the Louisiana State Mineral and Energy Board was held on April 29, 2020, to address the impacts of both COVID-19 and historically low oil prices on operation and maintenance of Louisiana State Leases. The Board approved two proposed resolutions (1. Proposed Enforcement Moratorium Resolution 2. Proposed Penalty Waiver Resolution ) that will assist State Lessees during these difficult times.

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Speaker: Kevin Kai Wong, President of Emergent Energy Solutions

In today's industrial landscape, the pursuit of sustainable energy optimization and decarbonization has become paramount. ♻️ Manufacturing corporations across the U.S. are facing the urgent need to align with decarbonization goals while enhancing efficiency and productivity. Unfortunately, the lack of comprehensive energy data poses a significant challenge for manufacturing managers striving to meet their targets. 📊 Join us for a practical webinar hosted by Kevin Kai Wong of Emergent Ene

2024

Environment Next

APRIL 21, 2020

In Monday’s split decision, the U.S. Supreme Court held that the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) (i) does not preclude owners of contaminated property from pursuing state law claims for nuisance, trespass and strict liability, but (ii) requires EPA approval of any remedial action conducted on the landowners’ property.

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Dario Piselli

APRIL 21, 2020

At the beginning of last year, the Global Policy journal published a research article on ‘Gridlock, Innovation and Resilience in Global Health Governance‘, that I had co-authored with Ilona Kickbusch, Michaela Told, Kyle McNally and the late David Held. One of the arguments of the study was that our era of growing health risks and Continue reading "Opinion on the Global Policy journal’s website: global health governance in the age of COVID-19".

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Environmental Crimes

APRIL 15, 2020

The enforcement activities by the USEPA have declined in a significant way, under the current administration.  Look no further than the USEPA Inspector General’s report  “ EPA’s Compliance Monitoring Activities, Enforcement Actions, and Enforcement Results Generally Declined from Fiscal Years 2006 Through 2018 ” (Report No. 20-P-013) (“Enforcement and Compliance Report”).  And this comes on the heels of the USEPA announcing plans to “exercise discretion” in the face of COVID-19

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Vermont Law

APRIL 13, 2020

Carbon-Labeled Beef: It’s What’s for Dinner. Ethan Pauling*. Seared, juicy, cooked to a rosy medium with a mouth-watering aroma, and carbon-labeled¾that’s how I like my steaks. If you drive across the great state of Texas, you will see ranch after ranch after ranch. As someone who was born on a farm in Iowa and grew up in Texas, I have a personal connection to farming and ranching.

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Speaker: Antoine M. Thompson, Executive Director of the Greater Washington Region Clean Cities Coalition

Diversity, Equity, Justice, and Inclusion (DEJI) policies, programs, and initiatives are critically important as we move forward with public and private sector climate and sustainability goals and plans. Underserved and socially, economically, and racially disadvantaged communities bear the burden of pollution, higher energy costs, limited resources, and limited investments in the clean energy and transportation sectors.

Clean Energy

Columbia Climate Law

APRIL 24, 2020

Today, the Sabin Center filed an amicus brief on behalf of local governments in support of state and environmental petitioners in American Lung Association v. EPA , the lawsuit challenging the Environmental Protection Agency (EPA)’s repeal of the Clean Power Plan and the dangerously weak replacement rule. The Clean Power Plan was the Obama Administration’s rule regulating greenhouse gas emissions from fossil fuel-fired power plants, the nation’s largest stationary source of climate pollution.

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The Energy Law Blog

APRIL 28, 2020

On April 23, the Supreme Court of the United States issued an opinion in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. , where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. By way of background, the Clean Water Act forbids the “addition” of any pollutant “from any point source” to “navigable waters” without a National Pollutant Discharge Elimination S

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Ohio Environmental Law

APRIL 23, 2020

On April 23rd, the U.S. Supreme Court issued a major ruling interpreting the breadth and scope of the Clean Water Act in County of Maui v. Hawaii Wildlife Fund. The central issue was whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a non-point source (in this case groundwater).

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The Energy Law Blog

APRIL 24, 2020

This week, in a split 7-2 opinion authored by Chief Justice Roberts, the Supreme Court held that Montana state law claims brought by private landowners against Atlantic Richfield Company (“ARCO”) for alleged impacts from the Anaconda Smelter Superfund site are not preempted by CERCLA and are not precluded by ARCO’s settlement of EPA’s CERCLA claims; however, any restoration damages awarded to the landowners must be spent on actual restoration of the property, as required by Montana state law, an

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Speaker: Laurie Schoeman Director, Climate & Sustainability, Capital

As households and communities across the nation face challenges such as hurricanes, wildfires, drought, extreme heat and cold, and thawing permafrost and flooding, we are increasingly searching for ways to mitigate and prevent climate impacts. During this event, national climate and housing expert Laurie Schoeman will discuss topics including: The two paths for climate action: decarbonization and adaptation.

2022

The Energy Law Blog

APRIL 23, 2020

The Equal Employment Opportunity Commission (EEOC) has authorized employers to test employees for the COVID-19 virus before permitting them to enter the workplace. The Americans With Disabilities Act (ADA) requires that any mandatory medical testing of employees be “job related and consistent with business necessity.” Having determined that “an individual with the virus will pose a direct threat to the health of others,” the EEOC announced on April 23 that COVID-19 testing of employees does not

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The Energy Law Blog

APRIL 20, 2020

In addition to the SBA’s Payment Protection Program (PPP) and Economic Injury Disaster Loans (EIDL), on April 9, 2020, the Federal Reserve announced that it was going to provide up to $2.3 trillion in loans to support the economy through various programs, including the Main Street Lending Program (“MSLP”). The MSLP will support credit flow to small and mid-sized businesses by providing support to businesses that were in good financial standing prior to the COVID-19 crisis.

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The Energy Law Blog

APRIL 17, 2020

In a previous post to the Liskow website, we advised clients and friends that the CARES Act, P.L. 116-136, enacted modifications to the rules for the use of net operating losses (“ NOLs ”) and corporate alternative minimum tax carryforward credits (“ AMT Carryforward Credits ”) for tax years beginning after December 31, 2017 and before January 1, 2021.

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The Energy Law Blog

APRIL 8, 2020

Liskow & Lewis is committed to serving its clients as they adapt to the unprecedented economic consequences of the ongoing COVID-19 pandemic. As part of this commitment, the firm has created a COVID-19 Lending Resource page for the lending programs established by the CARES Act, which provides economic relief for small and medium firms, including non-profits.

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Sustainable Development

Vermont Law

APRIL 3, 2020

When the idea of ecological civilization and green development became part of China’s national strategy, the issue of illegal exploitation and utilization of natural resources in nature reserves and other special regions also became a public concern. In China, natural resources exploitation and utilization is subject to administrative examination and approval.

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Vermont Law

APRIL 7, 2020

. The Common Law as a Critical Lever in Expanding Rights Beyond the Human: Reflections on the Vermont Journal of Environmental Law’s 2018 “Rights of Nature Symposium”. .

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Vermont Law

APRIL 7, 2020

. How Courts Are Developing River Rights Jurisprudence: Comparing Guardianship in New Zealand, Colombia, and India. .

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Vermont Law

APRIL 7, 2020

. Cruising Into a New Energy Future: A Look Into the Energy Transition in the Cruise Ship Industry. .

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Vermont Law

APRIL 7, 2020

. Implementing Nature’s Rights Through Regulatory Standards. .

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Vermont Law

APRIL 7, 2020

. Using the Public Trust to “Make it Rain”. .

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Vermont Law

APRIL 7, 2020

. Volume 20 Issue 3. .

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The Energy Law Blog

APRIL 7, 2020

Background The Coronavirus Pandemic has wreaked havoc on small and mid-sized businesses (“ SMBs ”) throughout Texas and the rest of our country. Many SMBs have had to close their doors due to mandatory stay-at-home orders and other social distancing orders and requirements. The CARES Act and other recent legislation passed by Congress and signed into law by President Trump contain several programs designed to assist these businesses in their efforts to make it through the hardships of the next

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Vermont Law

APRIL 22, 2020

Linda Sheehan, [link]. April 2020. The. 50. th. anniversary of Earth Day. , expected to be celebratory, arrives at a somber moment. COVID-19 human tragedies. continue to ravage communities, and UN Environment warns that “. nature is sending us a message. ” we must heed to avoid future pandemics. This Earth Day demands both deep reflection and bold action.

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Columbia Climate Law

APRIL 1, 2020

By Romany Webb. Last Thursday, March 26, the Environmental Protection Agency (EPA) announced a temporary policy on environmental enforcement during the COVID-19 pandemic. The policy declares that EPA will “exercise enforcement discretion” – code for “take no action” – in relation to certain civil violations of environmental law “caused by COVID-19.” The policy identifies several situations in which COVID-19 may be considered the cause of a violation, including where a regulated entity’s ability

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