2016

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Nature Directives ‘Fit for Purpose’: a turning point for EU policy dismantling?

Environmental Europe

The 28 EU Commissioners met today to decide the fate of the EU’s Nature Directives (the 1979 Birds Directive and 1992 Habitats Directive). Would these two directives, the cornerstone of EU biodiversity legislation, be deemed ‘fit for purpose’ or would they be revised and potentially weakened? After years of internal debates within the European Commission, and the Nature Alert civil society campaign, the decision was clear: the Commissioners agreed that both directives are fit for purpose, and th

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7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans

The Energy Law Blog

It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations. Any maritime lawyer worth her salt will tell you that the best part of the practice is getting that 0200 client call about a casualty, donning your protective gear, and racing to the ship. No other legal practice offers the opportunity to regularly perform the equivalent of emergency room medicine like maritime law.

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Report from COP22: Conclusion of Talks in Marrakech

Law Columbia

Flags of the 197 parties to the UNFCCC outside the blue zone at COP22. For the last two weeks, representatives of almost 200 countries have been in Marrakech for the 22 nd Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change, known as COP22. Coming into the conference, there were high hopes that it would be the “COP of Action,” with countries working to implement the Paris Agreement, reached at COP21 last year.

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Erskine Fire Kern County

Eco Lawyers

At about 4:00 pm on June 23, 2016, an aggressive fire exploded near Lake Isabella in Kern County. Dubbed the Erskine Fire, up to 80 homes were destroyed within the first 4 hours of it burning with 2,500 acres being consumed. With unseasonably hot and dry conditions, firefighters are certain to be working tirelessly through the weekend to begin to try and contain this fire.

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Manufacturing Sustainability Surge: Your Guide to Data-Driven Energy Optimization & Decarbonization

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.

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How the rules of long-lost board games take us inside ancient minds

New Scientist

Humans have faced off with grids, dice and pieces for millennia – figuring out the rules of long-lost board games can take us inside ancient minds

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Reporting on COP: Just Peace through Climate Action

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Jenny Leech. Display at India’s COP Pavilion. This year, the COP demonstrated the priority of climate justice by recognizing the first official. Climate Justice Day. on the UNFCCC Programme.

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Report from COP22: High Level Talks Begin

Law Columbia

UN Secretary General Ban Ki-moon, with the King of Morocco and President of the COP, at the High Level Segment on Tuesday. The second week of COP22 – the 22 nd Meeting of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) – got underway yesterday in Marrakech. The mood at the conference center is notably different from last week.

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Report from COP22: The COP of Action

Law Columbia

A Nissan LEAF electric car on display in the green zone. The first week of COP22 – the 22 nd meeting of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) in Marrakech – is drawing to a close. Most days this week have begun with a plenary session, at which country representatives can make statements, outlining their position on key issues.

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Report from COP22: The 1st Meeting of the Parties to the Paris Agreement

Law Columbia

The Marrakech Pavilion where COP22 and CMA1 plenary sessions are held. As regular readers of this blog know, I am currently attending COP22 – the 22 nd Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) – in Marrakech. Joining me are thousands of government officials and third-party observers, mostly from the United Nations, other international organizations, and non-governmental bodies, who have converged on the city for two weeks of talks.

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Report from COP22: Day 1 in Marrakech

Law Columbia

The ‘Little Sun’ solar lamp distributed to participants at COP22. Morocco isn’t often thought of as an environmental leader. But, having spent the last few days in Marrakech, I now realize that it should be. On checking into my hotel, I was told that all lights are on a timer, “so we save electricity.” Riding on one of the city’s “100% electric zero emission” buses, I noticed that much of the public lighting is solar powered.

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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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Texas Supreme Court Agrees to Review Three Oil and Gas Cases in 2016

The Energy Law Blog

On September 2, 2016, the Texas Supreme Court agreed to review three oil and gas cases involving issues pertinent to the industry and land and mineral owners. BP America Production Company v. Red Deer Resources, LLC In BP America Production Company v. Red Deer Resources, LLC , the lessee of a top lease, Red Deer, sued the lessee of the base lease, BP, contending that the prior lease had terminated due to a cessation of production in paying quantities.

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Louisiana Flooding – Legal Update

The Energy Law Blog

The Liskow & Lewis family stands by our friends and neighbors throughout the unprecedented flooding in our community. As we begin the long process of recovery, here is a brief legal update on the response of various courts and state agencies: State courts: Governor John Bel Edwards has issued an executive order which purports to suspend all legal deadlines, including prescriptive and preemptive periods, in all state courts, administrative agencies and boards until Friday September 9th.

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Erskine Fire Lawyers

Eco Lawyers

Erskine Fire Lawyers. Wildfire Legal Experts. HAVE YOU BEEN HARMED BY THE ERSKINE FIRE? Property Damage & Loss; Destruction of Crops & Tree Cover; Personal Injury; Smoke Inhalation & Burn Injuries; Emotional Distress. Call 619.237.3490 and speak to an attorney or fill out the form now. REGISTER NOW & GET YOUR. FREE CASE EVALUATION. First Name * Last Name * Phone * Email *.

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Texas Supreme Court Rules Oil and Gas Producer Not Entitled to Sales Tax “Manufacturing Exemption”

The Energy Law Blog

On June 17, 2016, the Texas Supreme Court ruled that an oil and gas producer (“Southwest”) was not entitled to a statutory exemption from sales taxes on its purchases of casing, tubing and pumps used in the production of oil and gas (the “Equipment”). At issue in Southwest Royalties, Inc. v. Hegar was whether the Equipment qualifies under the so-called “manufacturing exemption” found in Section 111.104(a)(2) of the Texas Tax Code, which exempts: tangible personal property directly used or consu

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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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Seventh PCB Lawsuit Against Monsanto

Eco Lawyers

LONG BEACH, Calif. Today, the City of Long Beach, Gomez Trial Attorneys , and Baron & Budd filed the seventh lawsuit of its kind against Monsanto for PCB contamination of Long Beach’s city storm water and the Port of Long Beach. Polychlorinated biphenyls, or PCBs, are toxic chemicals which cannot be contained and last for decades. PCBs off-gas from their original application, enter into city storm water through urban run-off, and deposit into the Port of Long Beach.

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Another RGGI Raid? New York State Senate Proposes Pulling $138 million from the RGGI Fund

Law Columbia

Jessica Wentz. Associate Director and Fellow. On March 14, the New York State Senate released a FY 2017 budget proposal that would divert $138 million from the Regional Greenhouse Gas Initiative (RGGI) auction proceeds to the state budget, including $23 million to the general fund, $100 million to subsidize the operations of certain nuclear power plants that are no longer financially viable, and $15 million for a workforce development program.

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PCB Water Contamination

Eco Lawyers

Gomez Environmental Law Represents Seattle and 5 Other Cities Against Monsanto for PCB Water Contamination. Gomez Environmental Law and Baron & Budd recently filed a lawsuit on behalf of the City of Seattle against Monsanto Company for PCB contamination of city storm water and urban run-off. Seattle joins 5 other major American cities, including San Diego, San Jose, Oakland, Berkeley, and Spokane.

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FERC Rejects Sierra Club’s Request for Rehearing and Green Lights $3.5B LNG Export Facility in Lake Charles, Louisiana

The Energy Law Blog

On November 23, 2016, the Federal Energy Regulatory Commission (FERC) confirmed its authorization of the construction of a $3.5 billion liquefied natural gas (LNG) export facility in Lake Charles, Louisiana and rejected the Sierra Club’s request for rehearing on the matter. In an April 15, 2016 Order, FERC authorized Magnolia LNG, LLC to site, construct, and operate a new LNG terminal and liquefaction facility in Lake Charles, Louisiana designed to export 8 million metric tons of domestically-pr

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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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Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law

The Energy Law Blog

In DePerrodil v. Bozovic Marine, Inc. , No. 16-30009, 2016 WL 6810728, at *1 (5th Cir. Nov. 17, 2016), a panel of the United States Court of Appeals for the Fifth Circuit recently limited the effect of the collateral source rule in a maritime employee’s personal injury action against a non-employer. DePerrodil held that the collateral source rule allows a plaintiff, in a maritime personal injury action against a third party, to recover only the amount of medical expenses paid by the plaintiff’s

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Expropriated Servitudes: They Aren’t Going Away Anytime Soon

The Energy Law Blog

The Third Circuit recently released an unpublished opinion making clear that when a pipeline company expropriates a servitude, the servitude is “perpetual,” and a Court cannot impose a term on that servitude. The Third Circuit also held that a landowner must prove any damages over and above the fair market value of the property, and cannot award an additional amount simply because the landowner is upset that the property is being expropriated.

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Reporting on COP: Are Human Rights Lost and Damaged?

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Jonas Reagan. Haiti after Hurricane Matthew. Loss and Damage. (L&D) includes the permanent loss of land, culture, and human life and will escalate existing tensions over increasingly scarce resources.

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Reporting on COP: Backbone of the Paris Agreement has undertones in ICAO’s CORSIA scheme

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Miranda Jensen. International aviation emissions are not explicitly addressed under the Paris Agreement, but their successful regulation nevertheless relies on the same elements of transparency and global stocktake as in Articles 13 and 14 of the Agreement.

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Reporting on COP: Human Mobility in the Face of Climate Change

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Beth Bootz. In the face of these threats, the COP has taken action. At the end of COP21, decision. 1/CP.21. requested that the Executive Committee of the Warsaw International Mechanism (WIM) for L&D create a task force on displacement “to develop recommendations for integrated approaches to avert, minimize and address displa

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Reporting on COP: Opening the scope of NDCs – “Blue Opportunities”

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Roxana-Andreea Mastor. Julio Cordano on behalf of Chile emphasized the implementation gap now present in the Paris Agreement. Although the oceans are included in the. Paris Agreement. , there has been no implementation endeavor.

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Reporting on COP: Farming for the Future – Climate Change and Food Security

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Tori Scozzaro. The United Nations weather agency recently announced that the past five years have been the. hottest on record. , with increasing evidence showing that this is man-made climate change.

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Reporting on COP: Using the Paris Agreement to Incorporate Indigenous Peoples Knowledge into Climate Change Policies

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Hannah Solomon. One panelist’s presentation stood out in particular. Kittisak Rattanakrajangsri. , a panelist from the. Asia Indigenous Peoples Pact Foundation. (AIPP), presented on holistic land use and the livelihoods of indigenous peoples.

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Reporting on COP: Finding Balance – The Future of Gender and Climate Change Under the UNFCCC

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Amy Pickering. Women disproportionately experience the. harmful effects. of climate change. The majority of the world’s poor are women, and more women rely on climate vulnerable natural resources for their livelihood.

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Reporting on COP: Hurricane Matthew Underscores the Importance of Loss & Damage for Haiti and the Developing World Under the Paris Agreement

Vermont Law

The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP22 Observer Delegation. By Beth Bootz. Dieu Nalio Chery/Associated Press. Earlier [in October], Hurricane Matthew left a path of destruction, ravaging Haiti and the southeastern coast of the United States. In Haiti, the. death toll.

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THE DISPUTE BETWEEN GOVERNOR JOHN BEL EDWARDS AND ATTORNEY GENERAL JEFF LANDRY OVER THE APPOINTMENT OF PRIVATE LEGAL COUNSEL CONTINUES…

The Energy Law Blog

On September 30, 2016, Governor John Bel Edwards sued Attorney General Jeff Landry to compel him to approve several contracts between the Governor’s office and private legal counsel. In his Petition , the Governor alleged that the Attorney General’s role in approving the Governor’s contracts with private legal counsel is a ministerial duty that the Attorney General improperly refused to perform and requested that the Court order the Attorney General to approve the contracts at issue.

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Climate Litigation Chart Updates – November 2016

Law Columbia

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. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com. Here are the additions to the U.S. Climate Litigation Chart (Update #92): FEATURED CASE.

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A 133 Billion Pound Burden—Who’s Doing the Heavy Lifting?

Vermont Law

Summary. : Good samaritan food laws across the country provide liability protection for those who donate food. Unfortunately, families who depend on such donations pay a dramatic cost if they become ill because of simple negligence. By . Sarah Munger. In 2010, the United States wasted an estimated 133 billion pounds of post-harvest food. 1. Of that, 43 billion pounds of waste occurred in the retail sector and 90 billion pounds occurred at the consumer level. 2.

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New Government Contractor “Blacklisting” Reporting Requirements Put on Hold

The Energy Law Blog

Hours before a controversial set of new reporting requirements for government contractors was set to take effect, a federal court in Texas enjoined implementation of the requirements across the country. Executive Order 13673, known as the Fair Pay and Safe Workplaces Executive Order, directed the Department of Labor and the Federal Acquisition Regulatory Council to create new rules and guidance aimed at ensuring that government contractors comply with existing federal and state labor laws.

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Heathrow expansion in the shadow of Brexit

Environmental Europe

After decades of debate on where – and whether – to expand airport capacity in south-eastern England, the UK government announced two days ago that it would favour building a third runway at Heathrow Airport. This option, highly criticised on environmental grounds (notably due to the air pollution caused by road transport to the airport) has been presented by Prime Minister Theresa May as key to show the world that the UK is ‘open for business’ after Brexit.