On December 27th, 2012, the Court of Appeal for Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2012 YKCA 14. The case dealt with the Yukon Government’s duty to consult with First Nations when allowing mineral claims to be recorded on land with asserted Aboriginal rights and title claims. The case arose as a result of the “open entry” claim staking system and in particular, as a result of the Yukon Quartz Mining Act, S.Y. 2003, s. 14 (the Act) ...
On June 13, 2013, the West Virginia Supreme Court of Appeals (WVSCA) issued its decision in Faith United Methodist Church & Cemetery of Terra Alta, et al. v. Morgan, No. 12-0080, setting forth a clear definition of the term “surface” when used in deeds and other instruments of conveyance. This definition will weigh importantly on the state's shale gas industry ...
Over the past few weeks, the investigation of sexual misconduct cases by the State Medical Board of Ohio (“Board”) has continued to make headlines across Ohio. Due to an increased public outcry as a result of the recent media attention, as well as the previous revelations of the Board’s handling of the Dr ...
Recent changes to Ohio law have licensed health care professionals asking themselves when was the last time they confirmed or updated their email address, and other contact information, with agencies like the State Medical Board of Ohio, the Ohio Board of Nursing or the Board of Pharmacy? The impetus for such reflection is that Ohio licensing agencies may now serve significant legal documents exclusively through email, or a last-known fax number, as opposed to registered or certified mail thro
The 2011 drought caused record-breaking conditions throughout much of Texas. Farmers, ranchers, and others whose livelihoods depend on reliable sources of water are feeling the effects of the water shortage first-hand. Aside from being subject to locally imposed water-use restrictions, ordinary residents have also noticed receding water levels in Texas lakes, rivers and streams. Unfortunately, Texas’ water problems are not expected to improve any time soon ...
The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for federal government construction projects. With this addition, many are now asking about the difference between Green Globes and LEED. Green Globes has emerged, in some parts of the U.S., as a rival building option to the more well-known Leadership in Energy and Environmental Design (“LEED”) system ...
Physicians, physician assistants, and advance practice nurses who have sought to treat opioid-addicted patients with Schedule III-V Controlled Substances that have been approved by the United States Food and Drug Administration for that indication have had to apply for a waiver under the Drug Addiction Treatment Act of 2000. Eligible medications are presently limited to buprenorphine-containing products such as Suboxone and Subutex ...
Under legislation passed in December 2011, which established a comprehensive program for the regulation of oil and gas operations utilizing horizontal drilling methods and related activities, the West Virginia Legislature directed the Department of Environmental Protection to conduct certain studies to inform future decisions regarding the need, or lack thereof, for further legislation or regulations in this area ...
As reported in the July 2015 IOGA News, on June 24, 2015, the West Virginia Department of Environmental Protection (“WVDEP”) filed a proposed legislative rule amending the Horizontal Well Development Rule, 35 C.S.R. 8 (the “Horizontal Well Rule”), which established a public comment deadline on July 27, 2015. Then on June 25, 2015, WVDEP filed three proposed legislative rules implementing the Aboveground Storage Tank Act, as amended, W. Va. Code § 22-30-1, et seq. (“AST Act”) ...
World Mental Health Day is marked every year on 10 October to raise awareness about mental health issues around the world and to mobilise initiatives to support and protect everyone’s mental health. This year’s theme ‘mental health is a universal human right’ serves as a reminder that good mental health shouldn’t be considered a luxury; it’s a fundamental aspect of our wellbeing ...
The global biofuels industry needs to be better regulated to ensure it does not harm the environment, the UK's climate change minister has stated.Speaking at a recent conference organised by Britain's Renewable Eneregy Association, Phil Woolas MP cited several studies which have shown that biofuel production has led to deforestation and increased house prices in some areas of the world, most notably across Asia ...
Workplace testing has proven to be a crucial piece in the UK government’s jigsaw to get British business back on its feet. But how can businesses implement a workplace testing programme and will the vaccine roll out make a difference? What is a lateral flow test? In March 2021, the government confirmed that almost 50,000 businesses had registered for free and regular lateral flow tests through the government funded workplace testing scheme ...
In these strange new days of back-to-back virtual meetings, working from home offices, home-schooling children, and social distancing from the grocery store, not to mention from most human beings—who is to say that anyone actually will read these pearls of wisdom from my sweet, dearly departed mother ...
In these strange new days of back-to-back vir-tual meetings, working from home offices, home-schooling children, and social distancing from the grocery store, not to mention from most human beings—who is to say that anyone actually will read these pearls of wisdom from my sweet, dearly departed mother ...
Recent developments in health and safety law will affect all those involved in offshore renewables projects, which are very much in focus following the Crown Estate’s announcement of Round 3 awards in early January. However, the new rules do bring clarity and consistency for those working in the sector and bring offshore health and safety regulation in line with onshore projects ...
On September 30, 2020, The Department of Justice (DOJ) announced the results of a sweeping joint healthcare fraud and opioid takedown that resulted in charges against 345 different defendants who were responsible for over $6 billion in government losses involving fraudulent healthcare services and improper billing. This was the largest healthcare fraud enforcement action in the history of the DOJ ...
Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S ...
Litigation arising from Winter Storm Uri remains active and ongoing since it began nearly three years ago. It has major implications for the Texas energy and power markets and businesses operating in those sectors ...
Leif Ramberg in team advising the West Sweden Chamber of Commerce on comments on proposal from the Environmental Procedure Committee Summary The Environmental Procedure Committee has been instructed, by supplementary directive, to review the legal rules which apply to the expansion of wind power ...
Despite complying with conditions attached to planning permission for an onshore wind farm development, developers, landowners and operators may find themselves defending an action for nuisance if the noise from the wind turbines unreasonably interferes with the use of another's land ...
With the main goal of the EU being to cut CO2 emissions in order to become carbon neutral by 2050, offshore represents valuable “available space” for the development of clean energy projects. While in some cases offshore is already a crowded place, other offshore locations are still free of significant energy infrastructure. Therefore, planning ahead is more important than ever ...
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 ...
