A Terminal goes up in Flames – Are you prepared for the Aftermath?

The news this week was on the Intercontinental Terminals Company plant in Deer Park, Texas – and it was not good news. A fire, potential air exceedances, release of water and foam used to fight the fire – in general,

Posted in Uncategorized

A Search of a Residence in Oakland, California

A Search of a Residence in Oakland, California I have previously blogged about the use of passwords on cell phones and how there was an issue with using finger prints of biometrics as your password (as opposed to an actual

Posted in Current Affairs

Arkema Indictment

Arkema Indictment On August, 3, 2018, Arkema (a French chemical company), Richard Rowe (Arkema CEO) and Leslie Comardelle (Arkema’s plant manager), were indicted by a Harris County grand jury for the reckless emission of an air contaminant in violation of

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Grizzly Bears – Self-Defense?

Grizzly Bears – Self-Defense? On June 26, 2018, the Ninth Circuit Court of Appeals issued its opinion that reversed the trial court conviction of a Montana man who had been convicted under the criminal provisions of the Endangered Species Act

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

The Carrot or the Stick?

The Carrot or the Stick? When I first started practicing environmental law in 1987, I read the book “America’s Future in Toxic Waste Management: Lessons from Europe” by Bruce W. Piasecki and Gary A. Davis. In the book, they discussed

Posted in Current Affairs, Environment, Environmental

Texas Supreme Court Holds Manager Personally Liable for Environmental Penalties

Texas Supreme Court Holds Manager Personally Liable for Environmental Penalties This is a guest post from my good friend Jim Smith at Crain Caton. In State of Texas v. Morello, the Texas Supreme Court reversed a mid-level appellate court and

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Decrease in Enforcement under the Trump Administration

Decrease in Enforcement under the Trump Administration As if there was any real doubt, the New York Times (yes, derided by the current administration as fake news) reports that USEPA penalties against the regulated community “comes with an astersik.” See, Rise

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

The Cost of Noncompliance is Now More Expensive.

The Cost of Noncompliance is Now More Expensive. On January 10, 2018, the USEPA published its annual civil monetary penalty adjustment as required by the 2015 revisions to the Federal Civil Penalties Inflation Adjustment Act.  https://www.environmentallawandpolicy.com/wp-content/uploads/sites/452/2018/01/2018-00287.pdf  It used to be

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Do You Have An International Client or Travel Out of the US?

Do You Have An International Client or Travel Out of the US? Yes, the US customs agents demand to search attorneys’ iPhones and iPads (and other mobile devices) upon the attorney’s reentry into the country (may not happen often, but

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

The USDOI M-37050 Does Not Really Change a Thing

The USDOI M-37050 Does Not Really Change a Thing On December 22, 2017, the USDOI issued Memorandum M-37050. The USDOI now concludes that the incidental taking of migratory birds is no longer prohibited under the Migratory Bird Treaty Act (“MBTA”). 

Posted in Current Affairs, Environment, Environmental, Environmental Crimes