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The Court Approved a Settlement Agreement in a Class Action Filed against Korean Air
Fischer, July 2021

Class Action 30633-05-18 Smuelitz v. Korean Air Co., Ltd Our firm successfully represented Korean Air in a motion to certify a class action suit alleging a failure to refund airport taxes on unused flight tickets. As part of its motion, the plaintiffs requested that Korean Air automatically reimburse airport taxes for unused flight tickets, and pay substantial monetary compensation, for failure to reimburse...

A Draft Technical Advisory Offers Guidance on Streamlining CEQA Review for Sustainable Transportation
Hanson Bridgett LLP, July 2021

The Office of Planning and Research (OPR) released a draft technical advisory earlier this month that outlines new and existing provisions of the California Environmental Quality Act (CEQA) that can streamline the environmental review of sustainable transportation projects. The new streamlining options arose from S.B...

Will Replacing Generating Equipment at my FiT Installation Affect its Accreditation?
Shepherd and Wedderburn LLP, July 2021

If you are the owner of an ageing wind, hydro or solar installation that receives Feed in Tariffs (FiTs), you may be considering replacing part or all of the generating equipment to upgrade your installation. "Will repairing or replacing the generating equipment affect my accreditation?" This is something we are being asked increasingly often and, frustratingly, the FiT Legislation and Guidance is inconclusive on this point. But not for much longer...

Low-Carbon Heating and the Heat Networks (Scotland) Act
Shepherd and Wedderburn LLP, July 2021

The built environment contributes 20% of the nation's greenhouse gas emissions, making it a key player in tackling the ambitious challenges we face on the journey to a low or net zero society.  How we heat (and cool) our buildings is a crucial element in reducing carbon emissions. But there is no single answer that will deliver the required emissions reductions to achieve government targets...

Allocating Risk in Solar Power EPC Contracts: Texas Style!
Bradley Arant Boult Cummings LLP, July 2021

Co-hosted by the Texas Solar Power Association  Developing EPC Contracts involves many different stakeholders from investors, developers, contractors, and equipment suppliers. Allocating risk to the party that is in the best position to manage and control the risk is important to keep costs contained. Factors such as technology, cost constraints, schedule, stakeholders, safety, and performance are just some of the major issues that affect risk allocation...

Can Emergency Government or Regulatory Rules Frustrate Aircraft Leases?
Shoosmiths LLP, July 2021

The High Court has considered emergency response measures affecting the aviation sector. In two recent cases, aircraft lessors tried to enforce their lessees’ payment obligations, but were met with arguments that the leases had been frustrated. A contract is frustrated when an event arises after its formation and renders performance impossible, illegal or radically different from that which the parties had contemplated...

A Sustainable Future for Birmingham – Part 3
Shoosmiths LLP, July 2021

In our last two articles, we have considered how transport may change over the coming years. This is of course only half the story. Clean energy production is possible within a city and there are many other technologies currently available, or just around the corner, which may revolutionise both the power grid and the quality of inner-city air. Energy generation It goes without saying that renewable energy sources will be critical to our future energy needs...

Law N°21.248 Priorizes Human Consumption of Water in State of Catastrophe
Carey, July 2021

On June 17, 2021, Law 21,348 (hereinafter, the " Law ") was published in the Official Gazette, the purpose of which is to legally guide the powers of the President of the Republic (hereinafter, the " President ") regarding the state of constitutional exception of catastrophe due to public calamity, in order to guarantee, in situations of pandemic, health crisis and natural disasters, the access and availability in sufficient quantities of water to the affected population...

COVID-19: ANM Extends Validity of Mineral Titles and Suspension of Procedural and Material Deadlines until September 30, 2021
Veirano Advogados, July 2021

The National Mining Agency (“ANM”) amends Resolutions No. 28/2020 and 46/2020 due to the current COVID-19 pandemic and revokes Resolution No. 55/2021. On June 30, 2021, the Federal Official Gazette published Resolution No. 76, by means of which the National Mining Agency (“ANM”) amends Resolutions No...

New “Warehouse Indirect Source Rule” Requires Action Now
Buchalter, July 2021

  The Warehouse Indirect Source Rule requires some warehouse operators to begin collecting compliance information starting July 1, 2021. The “Warehouse Indirect Source Rule,” adopted by the South Coast Air Quality Management District on May 7, 2021, requires some warehouse operators to begin collecting compliance information starting July 1, 2021...

Climate Cases Crest Into Florida: Reynolds v. Florida and What’s Next
Bradley Arant Boult Cummings LLP, July 2021

Over the past ten or so years, imaginative plaintiffs have pressed “climate change cases” in federal and state courts across the United States. In these cases, plaintiffs (most commonly states, municipalities, or environmentalists) sue defendants (often energy companies, states, or municipalities themselves) seeking damages related to climate change. While these cases have proliferated across the country, Florida saw very few in the early going...

A Sustainable Future for Birmingham – Part 2
Shoosmiths LLP, July 2021

In the first article of this three-part series we looked at the future of personal transport. In this second piece, we turn to consider mass public transport and how it could play a significant part in the future of commuting.  Birmingham is beginning to make substantial changes to its transport infrastructure, but are the changes big enough? The Metro Opened on 30 May 1999, the West Midlands Metro provided a link between Wolverhampton and Birmingham...

The Revised Rules of Practice and Procedure of the Energy Regulatory Commission
SyCip Salazar Hernandez & Gatmaitan, June 2021

The Energy Regulatory Commission (ERC) has revised its Rules of Practice and Procedure (Revised RPP) which govern the proceedings before the ERC through the issuance of ERC Resolution No. 01, Series of 2021.1 The Revised RPP took effect on April 13, 2021 (or 15 days after its publication in Business Mirror, a newspaper of general circulation). It allows the ERC to adapt to changes brought about by the COVID-19 pandemic and modernizes the ERC rules of procedure...

Environmental, Social, and Governance (ESG) Investing in the Philippines
SyCip Salazar Hernandez & Gatmaitan, June 2021

Broadly speaking, environmental, social, and governance (ESG) investing is understood as investing that incorporates ESG factors in investment decisions. It is often used interchangeably with the terms sustainable investing, responsible investing, ethical investing and impact investing...

Innovation - The Softer Side of Freeports
Shoosmiths LLP, June 2021

There are plenty of articles which set out the "hard facts" of Freeports - the locations, tax benefits etc. - but are we all missing the real point? One of the key objectives of the UK government was to "create hotbeds for innovation"...

A Sustainable Future for Birmingham – Part 1
Shoosmiths LLP, June 2021

Birmingham - the nation’s second city and one that has changed greatly over the last twenty years. One thing that has not changed, however, is that Birmingham is a big polluter. Continuing growth, both in terms of the population and economy, has left the air quality in such a poor state that Birmingham City Council estimates up to 900 people per year die from diseases associated with air quality...

Government Publishes Regulations and Guidance on Climate Risk Governance for Pension Scheme Trustees
Shoosmiths LLP, June 2021

The draft Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 (‘Regulations’) have been laid before parliament and are due to come into effect on 1 October this year. The Pensions Minister announced on June 8 the final version of the Regulations which are designed to regulate how trustees of certain trust-based occupational schemes must engage with, and report on, climate change risk as part of their duties...

Is the Aviation Sector Primed for Take-Off?
Shoosmiths LLP, June 2021

Shoosmiths latest SAMBA aviation webinar on 20 May attracted around 50 delegates to listen to our panel guests share their views on how recent events, including COVID, Brexit and climate change, have shaped the aviation sector today and how they might influence its future. Hosted by Elliot Bishop (Head of Shoosmiths Luxury Asset Group) and Sarah Fairweather (Joint Head of Marine and Aviation)...

COVID-19 Related Extensions to Planning Permissions
A&L Goodbody LLP, June 2021

The Planning and Development (Amendment) (No. 3) Bill 2021 is being expedited through the legislative process. It will provide for extensions to a number of time limits, including for the passing of development plans. Importantly however it will also allow for extensions, or additional extensions, to existing planning permissions to allow projects be completed. Planning permissions have a fixed duration, usually five years...

Sustainable Impact – Issue One
MinterEllisonRuddWatts, June 2021

Right now, there is a powerful opportunity to propel a historic culture shift towards greater sustainability in support of people, business and the planet. We are embracing this opportunity at MinterEllisonRuddWatts. Our firm intends to play an active part in Aotearoa New Zealand’s sustainability journey, which is already underway. Indrafting our own Sustainability Strategy, we have spent time considering our mission...

What Constitute Good Reasons for an Order to Sell a Vessel Pendente Lite?
Shearn Delamore & Co., June 2021

Shipping & Transport, MalaysiaFactsApplicable legal principlesPlaintiff's argumentDefendant's argumentDecisionCommentThis article examines the basis for an order for a sale pendente lite of a vessel that was arrested by a sheriff in in remadmiralty proceedings as security for the plaintiff's claim.(1) FactsOn 19 November 2017 the defendant's vessel, Shi Pu 1, collided with the plaintiff's bulk vessel, Winning Loyalty...

An Introduction to Scotland’s Greenports
Shoosmiths LLP, June 2021

The headline announcement of Freeports in the Chancellor’s Budget made it clear that they will have an important role in regeneration and supporting the delivery of the UK’s clean energy revolution...

National Electric Coordinator Opens a Public Consultation Process to Set Criteria for the Application of the Open Access Regime
Carey, June 2021

On June 9, 2021, the National Electric Coordinator (“CEN”) opened a public consultation process on  a draft Internal Procedure (the "IP") that will provide the criteria applicable to the Open Access Regime established in Articles 79° and 80° of the General Law of Electric Services ("LGSE"), as a result of the entry into force of the Regulation on Transmission Systems and Transmission Planning (the "Regulation")...

Thai Cabinet Approves Ministerial Regulation Authorizing Personal Vehicle Registrations for Ride-Hailing Applications
DFDL, June 2021

On Tuesday 25 May 2021 at its regular weekly meeting, the Thai Cabinet approved the Department of Land Transport’s draft Ministerial Regulation (“Regulation”) that will open the way for ride-hailing companies to register for an operating license. This will allow drivers to register their personal vehicles (with a maximum capacity of seven people) as taxis to be used with such ride-hailing applications...

Schwabe Gets Briefed on JTM’s Esterra Park Carbon-Neutral Project
Schwabe, Williamson & Wyatt, June 2021

The final phase of the Esterra Park development in Redmond, Washington, is a carbon-neutral development. Schwabe client JTM Construction is the general contractor for that project. As attorneys, we are interested in staying up to date on market trends, so we asked JTM to put together a panel to brief Schwabe’s Real Estate and Construction industry group on the carbon-neutral aspects of the project...

 

 

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