December, 2017

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Houston, This is Harvey: Hurricanes are Hazardous

Vermont Law

Hurricane Harvey’s destructive power. demonstrated. to Houston and the nation what happens when a highly industrialized area, located in a coastal zone, experiences a hurricane that delivers over 4 feet of rain. In addition to causing untold damage to homes and businesses and disrupting the lives of millions of residents in the process, Hurricane Harvey also provided a clear view of the risks industrialized coastal communities face from the release of toxic chemicals and hazardous wastes during

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Louisiana Supreme Court Grants Writs from Second Circuit Decision Finding Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages Resulting from the Mineral Lessees’ Breach of Contractual and Statutory Obligations

The Energy Law Blog

On Friday, December 15, the Louisiana Supreme Court granted three separate writ applications filed by each of the defendants in Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc. These applications sought review of the Louisiana Second Circuit’s June 2, 2017 decision affirming the trial court’s ruling that Wells Fargo, a mortgage lender with a security interest in a mineral lease, was solidarily liable with its borrowers (the mineral lessees) for a breach of the mineral lessees’ contractual a

2017 52
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Private Prosecution by Neighbour over Boundary Tree - Tree By-law Conviction Upheld on Appeal

Law of the Lands

Disputes between neighbours about boundary trees are not uncommon; private prosecutions by neighbours against neighbours, especially concerning boundary trees, are uncommon. In a recent decision, Justice Libman of the Ontario Court of Justice upheld a lower court conviction obtained on a private prosecution with respect to a violation of the Forestry Act , R.S.O. 1990, c.

Law 52
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Irish High Court Recognizes a Right to an Environment, But Finds that Environmental Group Lacks Standing to Make Climate Change Claims in Airport Runway Case

Law Columbia

By Dena Adler. Photo Credit: Malcolm MacLeod via Wikimedia Commons. On November 21, 2017, the High Court of Ireland blocked a climate change case concerning construction of a new airport runway from moving forward, but made a groundbreaking decision in recognizing “a personal constitutional right to an environment” for the first time. In Friends of the Irish Environment CLG v.

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Implementing D.E.J.I. Strategies in Energy, Environment, and Transportation

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.

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Inside the secret chocolate garden built to avert a cocoa crisis

New Scientist

Pests and disease threaten our supply of cocoa beans, but in a field outside London biologists are working to prevent a chocolate meltdown.

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Energy Infrastructure Siting Authority

Vermont Law

The siting of energy infrastructure has emerged as a new and complex legal and policy battlefield in the United States. Activists concerned about climate change seek to help wean the U.S. from fossil fuels by impeding the construction of pipelines that feed fossil fuel power plants. In many parts of the country, they are making strange-bedfellow alliances with property owners opposed to construction on their lands.

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(Plaintiffs Claiming) Trespass Beware

The Energy Law Blog

In Chauvin v. Shell Oil Company, the Louisiana Fifth Circuit Court of Appeal affirmed the judgment of the trial court granting summary judgment to defendants on Plaintiffs’ trespass action. In doing so, the Fifth Circuit made clear that to succeed on a trespass claim when the contracts at issue are ambiguous, parole evidence from the plaintiffs’ experts and the plaintiffs themselves should be consistent with ownership.

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Top 10 2018

Vermont Law

The goal of the Top 10 Environmental Watch List is to share with the world what we think will be the most important environmental issues in the coming year so that we can work together to address them. By looking forward, we are able to give context to these issues and discuss their relevance and potential impacts. Our authors attempt to break down the complex legal framework so that all people can understand the decisions that our leaders are making for the environment.”.

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Court decides ownership interest in land had been transferred to Railway; ownership did not revert to surrounding owners when railway discontinued

Law of the Lands

What happens when a railway is abandoned or discontinued? More specifically, what happens to the rail line property itself? In a recent decision, the Superior Court in Ontario had to decide whether a Railway had acquired the land for its now discontinued rail line as a full fee simple parcel (ownership of the land) or simply as an easement or right-of-way.

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Liskow Lawyers Obtain Win for Oil and Gas Industry in Severance Tax Litigation

The Energy Law Blog

In a decision by the Louisiana Board of Tax Appeals, Liskow & Lewis attorneys Robert Angelico , Jim Exnicios , Cheryl Kornick , RJ Marse , and Jeff Birdsong obtained a ruling rejecting attempts by the Louisiana Department of Revenue to increase the amount of severance taxes due on crude oil produced in Louisiana. The Department of Revenue targeted dozens of producers, including many smaller producers, with audits and assessments attempting to impose severance taxes on market center or index

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Shaping a Resilient Future: Climate Impact on Vulnerable Populations

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.

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Extension of DOL Fiduciary Rule is Official and some Guidelines for Documenting Rollovers

The Energy Law Blog

The Department of Labor officially announced the 18-month extension of the effective date of the key, and most onerous provisions, of the DOL Fiduciary Rule (until July 1, 2019). [1] The announcement was made on November 29, 2017. This extension delays the implementation of the most problematic procedures of the DOL Fiduciary Rule, which had been previously set to take effect on January 1, 2018.

2017 40
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Pulling the Teeth Out of the Endangered Species Act

Vermont Law

The. Endangered Species Act. is “the most comprehensive legislation for the preservation of endangered species ever enacted by any nation” according to the United States Supreme Court in the landmark case. Tennessee Valley Authority v. Hill. Despite being one of the strongest environmental protection statutes, the ESA is under attack. Congress has proposed 63. legislative attacks. on the ESA in 2017 and more than 235 since the Republican Party took control of the House of Representatives in 2011

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LABI and LOGA Endorse President Trump’s Nominations for the United States Fifth Circuit Court of Appeals

The Energy Law Blog

In September 2017, President Donald Trump nominated Kyle S. Duncan and Judge Kurt Engelhardt to the United States Fifth Circuit Court of Appeals. Duncan is currently a partner at Schaeer Duncan LLP in Washington D.C. while Judge Engelhardt serves as the Chief Judge for the U.S. District Court for the Eastern District of Louisiana. Just recently, two industry groups in Louisiana approved of President Trump’s nominees.

2017 40
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Message from the Director

Vermont Law

I am not certain whether I should welcome our readers to this year’s Top 10 Environmental Watch List or provide a warning along the lines of “Discretion Advised: Readers May Find This Material Disturbing.” A central question occupying environmental lawyers of all stripes is the degree to which the current federal administration, under the leadership of President Trump, his cabinet and EPA Administrator Scott Pruitt, will disrupt federal environmental and natural resources policies constructed ov

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Sustainability at Retail

Sustainability impacts every nation, company, and person around the world. So much so that, in 2015, the United Nations (UN) issued a call for action by all countries to work toward sustainable development. In response to this and as part of a global Sustainability at Retail initiative, Shop! worked collaboratively with its global affiliates to address these critical issues in this white paper.

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States Filling the Void on Climate Change

Vermont Law

On Dec. 12, 2015, 195 countries signed the historic Paris Agreement creating a firm foundation for meaningful action on climate change through. deep decarbonization. of energy, transportation, and other economic sectors. The agreement, which entered into force on Nov. 4, 2016, is based on voluntary emission reduction efforts designed to ramp up over time with a goal of holding global temperature increases “well below” 2 degrees Celsius.

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Trump’s Wall: Adios to Environmental Law?

Vermont Law

As we head toward the conclusion of the first year of the Trump presidency, do you remember how predictable his campaign rallies were? Inevitably, then-Candidate Trump would mention our southern neighbor, the nation of Mexico, and the audience would explode with chants of “Build that Wall.” With President Donald Trump in the White House, his administration has taken measures to ensure that the construction of the wall is not sidetracked by environmental laws and regulations.

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Fuel Efficiency Standards Trumped?

Vermont Law

Transportation accounts for. 27 percent. of total United States greenhouse gas emissions, with passenger cars and light-duty trucks being the largest source. Section 202. of the Clean Air Act requires the Environmental Protection Agency to address this through emissions standards for air pollution from cars and trucks. In January 2017, the EPA administrator completed a midterm review of the model year 2017-2025 greenhouse gas emissions standards and determined that the standards for model year 2

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Nuclear War: The War Our Planet Won’t Survive

Vermont Law

On Sept. 11, 2017, the United Nations Security Council unanimously adopted a resolution to impose new sanctions on North Korea. These sanctions were a result of North Korea’s recent nuclear tests. After the Security Council adopted this United States-drafted resolution, the tension between North Korea and the U.S. only got worse when President Trump gave his first UN speech on Sept. 19.

2017 52
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Solar Trade Tariffs

Vermont Law

Solar photovoltaic energy is the. leading source for new electric generating capacity. in the United States and. new job creation. In 2016, the U.S. added over 11 gigawatts of solar capacity. The solar industry employs more than 260,000 American workers and generates one in every 50 new U.S. jobs. In the next decade, the solar industry will need 11.5 million more workers. , making it the largest single driver of U.S. job growth.

2017 52
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The President’s Monumental Mistakes

Vermont Law

On Monday, Dec. 4, President Trump flew to Utah to sign two Antiquities Act proclamations that made history. They weren’t notable for the protections they included, but instead for what they left out. These two proclamations effectively carved up the Grand Staircase-Escalante National Monument and the Bears Ears National Monument and replaced them with three smaller ones, dramatically reducing the environmental protections for nearly 2 million acres of federal lands in central and southern Utah.

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