The contractual language appearing in purchase or lease agreements for industrial property is critical. I have seen a number of contracts that were fraught with vague terms or even silent on liability allocation. Those contracts now define the company’s liability exposure. Protections the company thought they may have are either non-existent or in question.
That is why it is
It is no secret that EPA and its wave of recent and forthcoming regulations have stirred up much angst among Republicans in Congress. Many industry groups argue that EPA’s rulemaking, especially its anticipated announcement of a much stricter ozone standard, will have a devastating impact on our fragile economy.
While plenty of bills have been floated since
Back on January 18th President Obama issued Executive Order 13563 requiring federal agencies to consider the impacts of new regulations and to perform a self assessment of existing regulations. For existing regulations, the President requested the agencies perform an analysis to determine whether rules are "outmoded, ineffective, insufficient, or excessively burdensome."
After performing self-examinations, each
On March 21, 2011, U.S. EPA issued final air toxic standards for industrial and commercial boilers. The rules regulated emissions of hazardous air pollutants (HAP) from industrial, commercial, and institutional boilers and process heaters located at major sources of HAP emissions (the "Major Source Boiler MACT"). The EPA also issued final rules regulating emissions
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The U.S. Supreme Court issued two landmark decisions, Rapanos and SWANCC, which interpret the extent of federal jurisdiction under the Clean Water Act. Since these decisions were issued the Army Corps of Engineers as well as Courts have had difficulty applying the tests for determining federal jurisdiction in a consistent and coherent manner.
The Army Corps
The U.S. Chamber commissioned a study of the economic impact of project that have been delayed or canceled as a result of federal and state permitting processes. As described by the U.S. Chamber on its website:
This study estimates the potential loss in economic value of 351 proposed solar, wind, wave, bio-fuel, coal, gas, nuclear
This week U.S. EPA finalized its long awaited rule making establishing air emission standards for industrial and commercial boilers. The standards are to reduce emissions of hazardous air pollutants (HAPs) by requiring sources to install or meet of Maximum Achievable Control Technology (MACT).
Controversial Rulemaking Process Comes to an End
EPA proposed MACT standards in spring of 2010 which were
The AP is reporting that the Republican controlled House is expected to introduce legislation shortly that will strip all authority from U.S. EPA to regulate greenhouse gases (GHGs) under its existing authority in the Clean Air Act. This would specifically target the EPA’s endangerment finding and could possibly go as far as saying GHGs are not
Back in 2007, U.S. EPA was sued by some States and environmental groups who challenged the legitimacy of the ozone standard -75 parts per billion (ppb)- selected by the Bush Administration. In 2009, the Obama Administration announced that it was reconsidering the 75 ppb standard.
U.S. EPA is likely to revise the standard to somewhere between 60 ppb
As discussed in the Wall Street Journal, it didn’t take long before a flurry of bills were introduced in Congress to stop EPA from moving forward with its controversial greenhouse gas (GHGs) regulations. After passage of the deal to extend Bush era tax cuts, halting EPA efforts is seen as the next major action needed to continue the