Entries by hazzmatt1

Scientific advancements in oil spill containment

The United States Coast Guard recently reported that an innovative sub surface oil containment and recovery system, installed in April 2019 over a damaged oil platform in the Gulf of Mexico, is successfully preventing more than 1,000 gallons of oil per day from entering the environment. Scientific research and lessons learned following the Deepwater Horizon […]

Transport Canada Emergency Response Guidebook — 2020

The Emergency Response Guidebook 2020 edition will be available late spring 2020. For free paper copies’ pre-order, please send an email to: [email protected] Who is eligible to get free paper copies? Canadian First Responders from public emergency services such as: municipal fire departments police departments ambulance services RCMP First Nation emergency services, can get free paper copies according […]

Trio of Recent Supreme Court of Canada Decisions Signals Provinces Cannot Impede Federal Undertakings under the Guise of Environmental Protection

Written by Jean Lortie, Dominique Amyot-Bilodeau, Jean-Philippe Mathieu, Patrick Ostiguy of McCarthy Tétrault LLP On April 16, 2020, the Supreme Court of Canada dismissed an application to appeal a judgment rendered by the Québec Court of Appeal in 2019 regarding the inapplicability of certain provincial environmental requirements with respect to federally-regulated activities carried out on Port of Québec […]

U.S. Supreme Court Limits Use of Tort Claims By Affected Homeowners at Superfund Sites

Written by Christopher D. Thomas, P. Derek Petersen, Katherine E. May, Perkins Coie LLP The U.S. Supreme Court stepped into the long-simmering debate about the rights of residential homeowners affected by Superfund response actions, ruling that they are indeed bound by the federal statute’s ban against potentially responsible parties taking additional, unauthorized remedial actions. The case, Atlantic Research […]

U.S. EHS Compliance and COVID-19: What EHS Executives Can Do Now (and as soon as the Dust Settles)

Written by Christopher Clare and Patrick Larkin, Clark Hill PLC On April 2, 2020, the US EPA issued a letter to each member of Congress that makes our point that published Enforcement Discretion policies may require case-specific demonstrations of Force Majeure. Greater certainty may be obtained under self-disclosure and penalty immunity policies. On April 10, the US […]

Diesel Fuel Spilled of the Coast of British Columbia

The Canadian Coast Guard recently confirmed that 4,500 litres of diesel fuel was spilled on April 22nd in Haida Gwaii inlet off the coast of British Columbia. In a statement, a coast guard spokesperson said that Haida Gwaii-based company Taan Forest was responsible for the spill in Dinan Bay, which connects to Masset Inlet. The […]

To Sample or Not: U.S. EPA Issues Interim Guidance on Site Field Work During the COVID-19 Pandemic

Written by Amy L. Edwards, Bonni F. Kaufman, and Meaghan A. Colligan,  and  Holland & Knight LLP On April 10, 2020, the U.S. Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) and Office of Enforcement and Compliance Assurance (OECA) issued Interim Guidance on Site Field Work Decisions Due to Impacts of the COVID-19 Pandemic to […]

Canada: COVID-19 – Impact On Environmental Compliance And Due Diligence

Written by Bryan J. Buttigieg, Miller Thomson LLP As these strange times continue to evolve, it is important to ensure that all companies whose operations raise environmental compliance issues try to think through and plan for what might happen in the coming weeks and perhaps months. In particular, both self-imposed and regulatory quarantine protocols may have a […]