As seen in our prior posts on Niagara Mohawk v. Chevron, 596 F.3d
112, in the two appeals and remands prior to the Second
Circuit’s February decision, the District Court
failed to properly address Niagara Mohawk’s
(NiMo’s) argument under §
113(f)(3)(B), asserting that it has a
(U.S.S.C., Administrative Law, Civil Procedure, Environmental Law)
In an action challenging the Animal and Plant Health Inspection
Service's (APHIS) decision to approve the unconditional
deregulation of Roundup Ready Alfalfa (RRA), a variety of alfalfa
genetically engineered to tolerate the herbicide Roundup, the Ninth
Circuit's affirmance of judgment for plaintiffs is reversed where
1) plaintiffs had standing to seek injunctive relief, and
defendants had standing to seek the Court's review of the Ninth
Circuit's judgment affirming the entry of such relief; and 2) the
district court abused its discretion in enjoining APHIS from
effecting a partial deregulation and in prohibiting the planting of
RRA pending the agency's completion of its detailed environmental
review.
I was in Beijing at the beginning of the week to moderate a panel
at the 8th Transnational Corporations China Forum 2010 organized by
Chinese Academy of International Trade & Economic Cooperation,
Ministry of Commerce, to discuss the strategic opportunities and
compliance management of multinational corporations in the
post-financial crisis era. Â My panel focused on [...]
1 Summer came, and this means that soon will begin the swimming
season, but some young ladies there are many complexes associated
with a big belly. To help in this respect can be made via a special
power that allows to get rid of fat in the abdominal area, as well
as establish the bowels. [...]
In a significant and surprising development, on August 24 the
Solicitor General of the United States filed a brief in the Supreme
Court asserting that a groundbreaking climate change decision by
the Second Circuit Court of Appeals should be vacated and remanded
for further consideration. The brief, submitted on behalf of the
Tennessee Valley Authority [...]
The following is a summary review of articles from all over the
nation concerning environmental law settlements, decisions,
regulatory actions and lawsuits filed during the past
week. These were all first posted, in abbreviated
form, on http://twitter.com/smtaber. This Newsletter
also appears as a post on our website Taber Law Group every Monday.
Archives can be [...]
VINALHAVEN, Maine — Residents expressed
grievances about turbine noise at a Thursday meeting that allowed
islanders to ask questions of two wind professionals who will be
collecting noise data in an attempt to identify specific mechanical
perpetrators. via www.bangordailynews.com Two...
On August 12th, the U.S .EPA released two proposed rules
to address the potential gap that exists while States adopt rules
to regulate greenhouse gases (GHGs) from large stationary
sources. What U.S. EPA is really doing is making sure all
fifty states will be regulating GHGs beginning January 2011. On May
12, 2010, U.S. EPA finalized its controversial Tailoring Rule,
which raised the trigger level for federal permitting associated
with GHG emissions. Unless the U.S. EPA raised the
trigger levels from 100/250 tons per year, very small sources would
have required federal permits. The Tailoring Rule is U.S.
EPA's attempt to phase in GHG, beginning with only very large
sources. Beginning 2011, very large stationary sources of GHGs
(like power plants and oil ...
Just wanted to give you all a head’s up, we’ll be doing
a little bit of troubleshooting and site maintenance today.
You’ll see funny bits of code across the top of the site, and
some features may not work off and on throughout. It
shouldn’t take too long, and I’ll make it as quick as
[...]
This post was written by Jennifer Smokelin. Implementing the
Environmental Protection Agency’s (USEPA’s) regulation
of greenhouse gases (GHGs) under the Clean Air Act (CAA) is a three
link chain, and each link in the chain is necessary and
determinative of the success of the program as a whole. If any link
fails, so does USEPA’s ability to regulate GHGs under the
CAA. The three links are: (1) the Endangerment Finding; (2) the
Tailoring Rule; and (3) the Best Available Control Technology
(BACT) guidance. Previous articles in this blog and other blogs as
well as teleseminar presentations by Reed Smith’s
Environmental Team have discussed the likelihood of success to
challenges to the Endangerment Finding. This post will briefly
describe challenges to what is likely th...
On August 16, 2010, the White House Council on Environmental
Quality (CEQ) released a report on the National Environmental
Policy Act (NEPA) procedures for environmental reviews conducted by
the Bureau of Ocean Energy Management, Regulation, and Enforcement
(BOEM), the successor agency to the Minerals Management Service
(MMS). BOEM is the bureau in the Department of [...]
When BP finally stopped the oil flowing from its ruptured
underwater well in the Gulf of Mexico last month [July 2010], the
government announced that the 4.9 million barrels (more than 205
million gallons) of oil the well had spilled over the previous
three months made it the worst accidental oil spill in U.S. and
world history....Read Full Post
One of my recent pro bono projects has been develop the Ontario Bar
Association’s submission on the need for a new law to control
Strategic Lawsuits against Public Participation (SLAPPs). The
submission is now posted, and I’ll be presenting it to the
Attorney General’s eminent Advisory Panel next
week. ©2010 Environmental Law and Litigation. All Rights [...]
Bans planting or sale of controversial crop Federal district Judge
Jeffrey White issued a ruling late Friday rescinding the United
States Department of Agriculture’s (USDA) approval of
genetically engineered “Roundup Ready” sugar beets. The
ruling came in a case brought by the Center for Food Safety,
Organic Seed Alliance, High Mowing Organic Seeds, and the Sierra
Club. The groups were represented by Earthjustice and attorneys
with the Center for Food Safety.read more
Seven men with expertise in dredging and hydrology spent three days
in Glens Falls this spring to listen to the U.S. Environmental
Protection Agency and General Electric Co. describe what had worked
_ and not worked _ in the first year of dredging toxic PCBs from
the Hudson River. Today, they issued their findings. The bottom
line: [...]
Auction offers pieces of country for conservation | Times Argus
OnlineFor $275, you can bid to adopt a purebred ram from Fat
Rooster Farm and help its owners for a day during lambing
season.For $1,375, you can bid on helping create habitat for the
chestnut-sided warbler and spend a day birdwatching with an expert
at Fred Pond.If quaint New England is your thing, how about ponying
up $13,750 to help preserve the Howe Covered Bridge, a 19th-century
structure in Tunbridge? They’ll put up a plaque
with your name on it if you do.This is no ordinary sale: A Vermont
conservation group is holding a “landscape
auction†this weekend in which private landowners sell
working landscape elements from the White River watershed in hopes
of raising money, promoting sustainability and giving city folk...
The human world is fast becoming an urban world -- and according to
many, the faster that happens and the bigger the cities get, the
better off we all will be. The old suburban model, with families
enjoying their own space in detached houses, is increasingly behind
us; we're heading toward heavier reliance on public transit,
greater density, and far less personal space. Global cities, even
colossal ones like Mumbai and Mexico City, represent our
cosmopolitan future, we're now told; they will be nerve centers of
international commerce and technological innovation just like the
great metropolises of the past -- only with the Internet and smart
phones. According to Columbia University's Saskia Sassen,
megacities will inevitably occupy what Vladimir Lenin called the
"commanding heights" of t...
| Sourced From Theatlantic | I meant to blog last week about the
long dispute between Jim Manzi and Ryan Avent over what sort of
innovation you get out of a carbon tax. Digging into
my massive RSS queue, I see that Matt Zeitlin bloggedÂ
what I take to be a fair summation of the
carbon-tax-as-innovation-stimulus [...]
I am 22 years old and looking to get in the commercial real estate
industry, preferably the leasing aspect. What would be
fundamentally required for a person as young as me to be even
considered for a job in a large commercial real estate firm?
Considering I have a real estate agents license, what else [...]
In February, President Obama tasked the Interagency Task Force on
Carbon Capture and Storage with the ambitious goal of overcoming
the barriers to widespread, cost-effective deployment of carbon
capture and storage (CCS) within the next 10 years. As the
first bold step, the 14-agency and executive department group
released its findings in a report on August 12. The report
concludes that widespread cost-effective deployment of CCS will
only occur if the technology is commercially available (i.e.
scale-able and cost-effective) and a supportive national policy
framework is in place to both fund and regulate it. The task
force believes that, in the long run, there are no
insurmountable technological, legal, institutional or regulatory
barriers that will prevent CCS from...
One of the most alarming pieces of mail you can get if you are
receiving Social Security Disability of Supplemental Security
Income (SSI) is an overpayment notice indicating that you have been
overpaid thousands of dollars in benefits. If you believe that you
have not been overpaid, you have options! You can ask that the
decision be reconsidered or you can request a waiver, but the WORST
thing you can do is ignore the notice.
The Red Star mine already is upstream of the Birmingham Water Works
drinking water intake on the Mulberry Fork of the Warrior River.
Loomstate's Scott Mackinlay Hahn (center) with a five-pocket jean
pattern. Photo: Fred R. Conrad/The New York Times About 15 to 20
percent of fabric used to produce clothing ends up in the nation's
landfills. Pioneers behind zero-waste fashion have a solution:
designing clothing patterns that uses every inch of fabric; if it
sounds easy, it's not. The
My friend and colleague Steve Bainbridge picks up on a list going
around Red Blogistan, concerning the supposed “20 Worst
Americans of All Time.” Steve’s a
conservative Republican, and has no love for progressive politics,
but even he says, ”I find the collated list
pretty much of a joke. It reflects the partisan passions of the
[...]
An urban beekeeper in Paris. Photo by AFP via the BBC . While their
country cousins' populations collapse , bees in Paris are thriving
as having a rooftop hive becomes de rigueur for hotels and
restaurants seeking an in-house source of home-grown artisanal
honey
From a shocked Associated Press: New claims for unemployment aid
reach 484K August 12, 2010 WASHINGTON – New
applications for unemployment insurance rose last week to their
highest level in almost six months, a sign that employers are still
cutting their staffs. The Labor Department says first-time claims
for jobless benefits edged up by 2,000 [...]
A report on root causes of the Deepwater Horizon disaster is
expected by the end of October.
The bill signed Friday by President Obama providing $600 million to
help secure the U.S.-Mexico border will add 1,500 government jobs
and give a modest boost to the hard-hit regional economy.
If you're hiring a contractor, you'll want to avoid common mistakes
when drafting a consulting or work-for-hire agreement. Chief among
these are ambiguities in defining ownership and copyrights relating
to intellectual property generated during the contract. Federal law
is complex in this arena, so you'll want to make sure that you have
a legally-binding agreement which clearly defines copyright
ownership. You'll also want a clear definition of payment terms and
schedules. It is best to have an attorney review your contract, but
since this will incur additional costs, you can also opt to use a
free template and fill it out yourself. If you go the free template
route, I'd recommend using Rocketlawyer's Work for Hire template.
Like the others, its free to use, but they will have an in-hou...
I just finished filing my incorporation for Beat Run Inc, and I
wanted to report how pleased I am with Rocketlawyer's free
incorporation service! Rocketlawyer is running a special where you
can get a completely free incorporation filing done for simply
signing up for a trial of their legal docs service. If you have an
incorporation to file, I'd recommend taking advantage of this offer
while it lasts. You can always go back and cancel your
subscription, and you'll end up with a free incorporation, saving
you hundreds of dollars in legal fees. Eric asked me whether
incorporating using Rocketlawyer is as safe and legally sound as
hiring your own attorney. I can attest that the documents you get
back are the same ones you get from a local lawyer you hire and pay
hundreds or thousands to f...
If you want a life of excitement, perhaps you should consider a
career in criminal justice. Most people are familiar with uniformed
city and state police officers, but there are many other career
opportunities including private detectives and investigators,
probation officers, corrections officers, parole officers, even
fish and game wardens. Many entry-level applicants for police
jobs have often completed some formal postsecondary education at
accredited career schools. A significant number are college
graduates. Criminal justice degrees, both bachelors and masters,
are offered through many online and on-campus schools throughout
the country. Search for a criminal justice school now What are your
prospects? The U.S. government* predicts steady job growth for many
law enforcem...
What is MetroFax? MetroFax allows you to replace your fax
machine with a small software package which lets send and receive
faxes from your email. You just click send and faxes are sent via
the internet to any destination fax machine (regardless of location
of type of machine) and you also get a free phone number which will
receive faxes electronically and send them directly to your email
inbox. You simply open, view, and print faxes like PDF email
attachments. Click here to activate MetroFax's best promotion: Get
1,000 free faxes per month and your first 30 days for free MetroFax
help / support / FAQ How do I send a fax? First, create a new email
message. In the To: box, enter the 10-digit fax number of the
recipient, including area code, followed by @metrofax.com ...
Looking for the best price on American Gold Eagle coins? The
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