On March 29, 2019, the US District Court for the District of Alaska blocked the Trump Administration’s efforts to revoke the Obama Administration’s prior withdrawal of portions of the Arctic and Atlantic Oceans from mineral leasing under the Outer Continental Shelf Lands Act (OCSLA).  The court’s decision is noteworthy, not just for its implications for leasing on the outer continental shelf, but because it may foreshadow how courts will resolve similar and well-publicized challenges to…

In Vedanta Resource PLC and another v Lungowe and others the UK Supreme Court has held that a claim for negligence and breach of statutory duty against a mining company based in Zambia and its English parent can be heard by the UK courts. In so doing, this landmark decision has potentially opened the door to tortious claims against UK parent companies by persons based outside of the UK who have been impacted by acts…

On April 10th, President Donald Trump signed two Executive Orders that seek to promote timely review of critical energy infrastructure projects in the United States. These changes to the review process seek to “enable the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce.” (EO 13868.) “By promoting the development of new energy infrastructure, the United States will make energy more affordable, while safeguarding the environment and advancing our Nation’s economic…

On April 5, 2019, US EPA finalized significant new use rules (SNURs) for 13 new chemical substances under section 5(a)(2) of the Toxic Substances Control Act (TSCA). Notably, the 13 chemicals are not also subject to orders under TSCA section 5(e) or 5(f) – an approach that differs substantially from US EPA’s long-standing past practice. US EPA previously outlined this “SNUR-only” strategy in a “framework” policy document in late 2017 that was challenged in a…

The Keystone XL Pipeline is back in the spotlight. In the first quarter of 2019, the U.S. District Court for the District of Montana and the U.S. Court of Appeals for the Ninth Circuit upheld the injunction prohibiting TransCanada Keystone Pipeline, LP and TransCanada Corporation (TransCanada) from beginning construction on the Keystone XL Pipeline. On March 29th, President Donald Trump issued a new cross-border permit that threatens to bypass the pending litigation. Most recently, on…

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our March edition, we summarise 29  developments in the environmental, safety and health sector. Some of the top stories this month include: A £224,000 fine for a chemical manufacturing company after a worker was exposed to chemicals A Organisation for Economic Co-Operation and Development consultation seeking…