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Court affirms decision to order “innocent” landowner to remediate its property

Torys LLP
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Canada, USA
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July 3 2012

The Ontario Divisional Court recently upheld the Environmental Review Tribunal’s decision, which in turn upheld an order that required the City of Kawartha Lakes to remediate the contamination on its land resulting from a heating oil spill on a neighbouring property

Environmental Protection Agency issues new natural gas drilling regulations

Torys LLP
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USA
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June 1 2012

The Environmental Protection Agency recently issued regulations governing emissions of air pollutants from hydraulically fractured natural gas wells

Climate Action Reserve begins accepting compliance offset projects for California’s cap-and-trade program

Torys LLP
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USA
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June 1 2012

The Climate Action Reserve (CAR) has become the first carbon offset registry to accept submissions for voluntary GHG emission-reduction projects that are designed to qualify for credit under the California Air Resources Board’s (CARB) GHG cap-and-trade system

States sign agreement on offshore wind development

Torys LLP
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USA
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April 26 2012

On March 30, 2012, New York, Minnesota, Michigan, Illinois, Pennsylvania and several federal U.S. agencies signed a Memorandum of Understanding (MOU) intended to streamline offshore wind development in the Great Lakes

Western Climate Initiative released final offset project review and approval recommendations

Torys LLP
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Canada, USA
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April 2 2012

The Western Climate Initiative (WCI) comprising British Columbia, Manitoba, Ontario, Quebec and California recently released final recommendations for the standards and processes that must be used for GHG emissions offset projects to obtain tradable emissions credits in WCI jurisdictions

California Air Resources Board adopts cap-and-trade regulation

Torys LLP
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USA
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November 30 2011

The California Air Resources Board (CARB) recently adopted its final regulation to establish a cap-and-trade system for major greenhouse gas (GHG) emitters in California

Draft guidance proposed to clarify definition of “waters of the United States”

Torys LLP
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USA
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July 5 2011

On April 27, 2011, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) issued joint draft guidance seeking to clarify which wetlands are considered “waters of the United States” protected by the Clean Water Act (CWA

Supreme Court rejects greenhouse gas nuisance lawsuit

Torys LLP
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USA
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July 5 2011

On June 20, 2011, the U.S. Supreme Court issued its decision in the case of American Electric Power Co., Inc., v. Connecticut, reversing the Second Circuit Court of Appeal’s ruling that would have allowed a group of states, cities and land trusts, including New York State and New York City, to pursue federal public nuisance lawsuits against certain large U.S. electric power plants with regard to their carbon dioxide emissions

EPA previews phase ii cooling water intake structure rule

Torys LLP
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USA
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May 5 2011

On March 28, 2011, the U.S. Environmental Protection Agency (EPA) released its prepublication version of the proposed new phase II cooling water intake structure rule (the CWIS Rule), which will govern cooling water intake structures at approximately 1,260 existing power plants and manufacturing facilities