Alabama Stormwater Enforcement: Buckshot’s Consent Order with ADEM Highlights Importance of Regulatory Adherence

The Alabama Department of Environmental Management (ADEM) and Buckshot Speedway, LLC (“Buckshot”) have recently concluded procedures grounded in an August 11 Consent Order (CO). As detailed by JD Supra, the CO addresses allegations of contraventions of the ADEM Administrative Code relating to stormwater discharges. Buckshot, primarily involved in commercial development, and particularly noted for their…

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Florida Law Firms Tread Carefully on DEI Initiatives Amid Legal Challenges and Political Climate

In the aftermath of legal actions aimed at two Am Law firms’ Diversity, Equity, and Inclusion (DEI) programs, the largest law firms in Florida are cautiously handling their own DEI schemes. The backdrop of contentious state politics, characterized by Governor Ron DeSantis as a place where ‘wokeness’ ceases to exist, shapes their approach. Legal action…

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California’s Urban Water Use Regulations: Balancing Environmental Concerns and Economic Implications

In response to the escalating conditions of a hotter and drier future, coupled with sporadic bouts of extreme weather, California has begun to strategically advance a new framework for urban water use. This forthcoming structure could demand that some suppliers take substantial measures to decrease their water distribution by as much as 20% or more…

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California Coastal Commission Sets Precedent for Sustainable Land Use and Public Waterfront Access

In terms of contentious land use and its relationship to sustainable development, California’s latest development is worth noting. On Wednesday, the California Coastal Commission approved a significant settlement with San Diego’s Paradise Point resort. The focus of this resolution was to rectify years of Coastal Act violations that have seriously hindered public access to the…

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Navigating Legal Rate Setting Challenges in 2024: Strengthening Client Relationships Through Transparency and Strategy

In today’s competitive legal landscape, establishing a harmonious relationship with clients is as much about delivering top-notch legal services as it is about strategic rate setting. A recent piece from LawVision delves into this essential dynamic within law firms, focusing particularly on the challenges and opportunities inherent to the legal rate setting process for 2024….

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Sweeping Changes in EPA Regulations: Impact on Corporate Compliance and Environmental Law

As detailed in the September 8th Federal Register, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a final rule amending the “Revised Definition of ‘Waters of the United States’” rule. Effective immediately, without any opportunity for public comment, this rule was put into effect. It recalibrates key elements…

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Beverage Industry Grapples with Expanding PFAS-Related Liabilities

In recent times, beverage manufacturers are on the frontlines battling a flurry of class actions concerning PFAS contamination. These cases unveil a new wave of disputes, centred around per- and polyfluoroalkyl substances (PFAS), chemicals known for their omnipresence and durability. Initially, litigations often involved allegations of environmental destruction or public water systems disruptions causing personal…

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EEOC Lawsuit Accuses Vicars Powersports of Gender-Based Discrimination

In a recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), Vicars Powersports, an Oklahoma-based retailer of All-Terrain Vehicles (ATVs), Utility Task Vehicles (UTVs), dirt bikes, motorcycles, and personal watercraft, has been accused of sex discrimination. JD Supra details the allegations, stating that the corporation allegedly violated federal law by dismissing a female…

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Arkansas DEQ and Riceland Foods Enter into Clean Water Act Consent Order

In a significant development closely watched by environmental law professionals, the Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and Riceland Foods, Inc. (Riceland) recently entered into a Consent Administrative Order (CAO). The CAO, issued on May 19th, addresses alleged violations by Riceland of a National Pollutant Discharge Elimination System (NPDES)…

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New York Tightens Petroleum Storage Regulations: Implications for Environmental Due Diligence

In June 2023, the New York State Department of Environmental Conservation (NYSDEC) implemented significant revisions to its petroleum storage regulations, which are detailed in 6 NYCRR Part 613. The implications of these changes could have a considerable effect on environmental due diligence measures for numerous corporations and law firms. The amended regulations, which came into…

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OFCCP Issues FY2023 Audit Scheduling List, Emphasizes Importance of Compliance Preparedness

In a move widely expected following the completion of the Agency’s latest Scheduling Letter, the Office of Federal Contract Compliance Programs (OFCCP) has issued a fresh roster of selected contractors for audit under the FY2023 Release 2. The Agency further provided a clarification of its methodology employed to choose the shortlisted contractors. For a more…

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RICO Act Invoked in Groundbreaking PFAS Water Contamination Lawsuit

In a remarkable legal move, a federal judge permitted civil racketeering claims to proceed in the wake of a lawsuit that’s rooted in public drinking water contamination, specifically with per-and polyfluoroalkyl substances (PFAS) near Westminster, Massachusetts. These claims have been introduced under the Racketeer Influenced and Corrupt Organizations (RICO) Act. The case targets a Paper…

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CLF Files Lawsuit Against Twin Rivers Technologies for Alleged Clean Air and Water Act Violations

In a significant move towards environmental oversight, the Conservation Law Foundation (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties on August 14th (refer to the original detailed analysis on JD Supra ). The legal action is directly targeted against the Twin Rivers Technologies, Inc., and Twin Rivers Technologies Manufacturing Corporation, hereafter…

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Fluor Corporation Faces SEC Charges Over Alleged Improper Accounting Practices

Engineering and construction giant Fluor Corporation finds itself in difficult legal waters as the SEC brings settled charges against the company, citing allegations of improper accounting on two of their large-scale, fixed-price construction projects. The charges were also extended to five of Fluor’s current and former officers and employees. The full story details can be…

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Directors’ Duties in Today’s Unprecedented Macroeconomic Landscape: Navigating Challenges and Responsibilities

The role of directors in today’s unprecedented macro-economic environment should be performed with an enhanced level of responsibility to secure not only their own interests but also those of the companies they oversee. A recent analysis by Conyers provides timely guidance on how directors can achieve this. As global economic pressures mount, it is crucial…

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Navigating the Complexities of ‘Going Dark’: Delisting and Deregistering Shares in Turbulent Markets

Market volatility and plunging stock prices often push companies to contemplate the route of delisting and deregistering their shares, a process colloquially referred to as ‘going dark’. As the performance of recently public firms weakens, and favorable financing options remain scarce, a trend is emerging where more companies are struggling to meet stock exchange minimum…

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Over 2400 Climate Activists Arrested in Netherlands After Protesting Fossil Fuel Subsidies on Highway

Over 2400 climate activist demonstrators, associated with the Extinction Rebellion, Greenpeace, or the Milieudefensie group, were arrested and detained by the police in The Hague, Netherlands on Saturday for protesting government fossil fuel subsidies on the A12 motorway near The Hague. The police reported spending over 4 hours arresting and removing people from the highway…

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Fukushima Fishermen File Lawsuit Against TEPCO and Japanese Government Over Radioactive Water Discharge

Last Friday, a group of approximately 150 Japanese fishermen from Fukushima Prefecture filed a lawsuit against the government and the Tokyo Electric Power Company (TEPCO). The lawsuit disputes the release of treated, but still radioactive, water from the Fukushima-1 nuclear power plant. Arguing that discharging the hazardous material infringes on their right to fish, the…

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