Remove definition probability
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Master Service Agreement Dispute Turns on Definitions

Energy & the Law

One side wanted the jury to be instructed on the legal definitions of those terms. As in many, probably most, MSA’s, that included (among others) Devon’s “agents, contractors and consultants”. The definitions were not incorrect or misleading. The other wanted the words to be interpreted in their “ordinary and popular sense”.

Law 147
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Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Law and Environment

As EPA pointed out, and as most practitioners are probably aware, provisions such as this are common in NPDES permits. Due process requires Congress to define penal statutes “‘with sufficient definiteness that ordinary people can understand what conduct is prohibited’”.

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More Action By EPA on PFAS; The Bad News Keeps Piling Up.

Law and Environment

It’s probably worth noting that GenX was developed to replace PFOA. It’s going to be some time before we really have our arms around the total tab for addressing PFAS contamination, but it’s definitely not going to be a small number. The post More Action By EPA on PFAS; The Bad News Keeps Piling Up.

Waste 130
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New study suggests the Atlantic overturning circulation AMOC “is on tipping course”

Real Climate

The issue is that we need to rule this out at 99.9 % probability. Once we have a definite warning signal it will be too late to do anything about it, given the inertia in the system. Given the impacts, the risk of an AMOC collapse is something to be avoided at all cost.

Ocean 364
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Meet the Real Ocean Animals of The Little Mermaid

Ocean Conservancy

According to the science, it’s probably most accurate to call him a crab. Flounder, Ariel’s loyal and brightly colored companion, is most definitely not a flounder. Though the exact species has never been agreed upon, it’s safe to say two things for sure: Flounder is probably an angelfish, but most definitely not a flounder.

Ocean 144
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The Latest IPCC Report — How Are We Doing on Mitigation?

Law and Environment

I’ve always been skeptical of carbon removal technologies, other than land management, but going there is probably unavoidable at this point. My friend @MichaelGerrard describes this as the IPCC “saying that we need to deploy all the tools in the toolbox, and litigation has definitely become one of them.”

2010 130
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Is Capitalism to Blame?

Legal Planet

Mainstream economists would definitely agree about the need for government intervention to make capitalism work (for instance, to maintain competition), to deal with income inequality, and to protect the environment. Although the anger may be a common factor, there may be less clarity about the target and what alternatives to favor.

Politics 176