What is State Aid? The State aid rules seek to control the aid or assistance which is provided by EU Member States to businesses. Article 87 of the EC Treaty states that “any aid granted by a Member State or through State resources in any form whatsoever” is incompatible with the common market. The Commission and the European Court of Justice have a considerable discretion in determining what amounts to State aid and have given the term a wide definition ...
After long years of fierce debate, the Kyoto Protocol finally came into force on 16 February 2005, imposing obligations on states parties to reduce global greenhouse gas emissions. This article takes a look at the background to the Protocol, and the many new and varied opportunities for businesses in Scotland and across the globe. The Protocol itself was adopted at the Third Conference of the Parties to the United Nations Framework Convention on Climate Change in Kyoto on 11 December 1997 ...
The Federal Civil Liability Law was published in the Federal Official Gazette on December 31, 2004 and entered into full force and effect in January 1, 2005. This law has as its objective that of determining the bases and proceedings for recognizing the right to claim indemnification by those suffering loss or damage as a consequence of improper actions of the executive, legislative, and judicial branches of the federal government and its agencies ...
Revised Guideline on the Sharing and Use of Consumer Credit Data through a Credit Reference Agency On 18th January 2005, the Hong Kong Monetary Authority (“HKMA”) issued a revised statutory guideline, namely the Supervisory Policy Manual on the Sharing and Use of Consumer Credit Data through a Credit Reference Agency (IC-6) (“CRA Guideline”) ...
Out of general interest, we are forwarding the following Informative Note with respect to the first oral trial in Mexico, something that took place in the Municipality of Montemorelos, State of Nuevo Leon, in February 2005. Oral trials have been possible since November 25 of last year when the law of Nuevo Leon changed to allow this in non-serious culpable felonies. The trial was an example of judicial speed. Within a period of five hours, from 10:00 a.m. to 3:00 p.m ...
From Land’s End to John O’Groats, roving reporters, tabloid writers and broadsheet columnists, have been riding on the wave of the new freedom of information acts. As a result of the Freedom of Information (Scotland) Act 2002, and its UK counterpart, the Freedom of Information Act 2000, the public now has a statutory right to recorded information held by most public sector bodies. Although the new right only came into force on 1 January 2005, its effect is retrospective ...
In Denmark, Norway and Sweden, the ownership and rights to intellectual property conceived and put into to practice by researchers employed by the universities have historically rested with the researchers themselves. This system is now rapidly changing to a model more similar to the way in which US universities handle their intellectual property; universities become responsible for stakeholders in such intellectual property ...
In response to the terrorist attacks of September 11, 2001 and other threats related to hazardous materials, the U.S. Department of Transportation (“DOT”) has revised its regulations related to the transportation of hazardous materials ...
Related Practice Groups Environmental The Texas Commission on Environmental Quality (“TCEQ”) recently published an Interoffice Memorandum (“the Memorandum”) that directs the agency’s offices how to handle reporting of spills and releases, including the discovery of historic contamination. It defines “historic contamination” as a “release” from an inactive source, whether of known or unknown quantities, citing as an example, contamination discovered during excavation activities ...
Immigration
Under Section 113 of the Clean Air Act, when it finds that a regulated party is engaged in unlawful activity, EPA may, among other things, issue an administrative compliance order (ACO) that directs that party to comply, provided: (a) the ACO is based upon any information available to the Administrator; (b) the ACO is issued thirty days after the issuance of a Notice of Violation; and (c) the regulated party is given an “opportunity to confer” with the Administrator ...
The Texas Commission on Environmental Quality (“TCEQ”) recently published an Interoffice Memorandum (“the Memorandum”) that directs the agency’s offices how to handle reporting of spills and releases, including the discovery of historic contamination. It defines “historic contamination” as a “release” from an inactive source, whether of known or unknown quantities, citing as an example, contamination discovered during excavation activities ...
Related Practice Groups Environmental During the 78th Legislative Session, the Texas Legislature passed a massive tort reform bill, H.B. 4, that will result in sweeping changes not only to tort cases but also to litigation generally. Several changes critically impact environmental cases. The purpose of this memorandum is to alert you to some of these changes ...
Chemical manufacturers, processors, and distributors, petroleum refiners and distributors, and other manufacturers are potentially affected by a “policy clarification and reporting guidance” issued by the United States Environmental Protection Agency (EPA) on June 3rd, 2003, relating to § 8(e) of the Toxic Substances Control Act (TSCA) ...
Bureau of Citizenship and Immigration Services (“BCIS”): * BCIS has announced the availability of electronic filing (e-filing) for two types of applications: Form I-90, Application to Replace Permanent Resident Card, and Form I-765, Application for Employment Authorization Document. Although many applicants will be eligible to take advantage of the e-filing system, some applicants will still need to make paper filings. Additional e-filing information may be obtained at www.bcis.gov ...
On April 9, 2003, the Securities and Exchange Commission (the “SEC”) issued a new rule directing the national securities exchanges and national securities associations to prohibit the listing of any security of a company that is not in compliance with the audit committee requirements mandated by the Sarbanes-Oxley Act of 2002. The new rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of 1934 (the “Exchange Act”) by adding new Exchange Act Rule 10A-3 ...
Department of Homeland Security/Bureau of Citizenship and Immigration Service: * BCIS announced plans to implement electronic filing (e-filing) as an option for two of the most commonly submitted immigration applications, the Application to Renew or Replace a “green card” and the Application for Employment Authorization. BCIS plans to launch e-filing for these applications in May 2003 and to further expand e-filing to other applications and petitions in fall 2003 ...
Department of Homeland Security/Bureau of Citizenship and Immigration Service: * Immigration benefits previously provided by the Department of Justice’s Immigration and Naturalization Service (INS) are now the responsibility of the Department of Homeland Security’s Bureau of Citizenship and Immigration Service (BCIS). All familiar customer services are to remain in place ...
Department of Justice/Immigration and Naturalization Service: * DOJ’s Immigration and Naturalization Service becomes part of the Department of Homeland Security (DHS) on March 1, 2003. Within the DHS, the Bureau for Citizenship & Immigration Services (BCIS) will handle the immigration benefits function, including employment-based nonimmigrant and immigrant petitions and applications for adjustment of status. The new Director of the BCIS is Eduardo Aguirre ...
The U.S. Environmental Protection Agency (“EPA”) recently issued a proposed rule and a notice of future of rulemaking under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) regarding standards for “all appropriate inquiry,” which are important to a variety of businesses, especially those engaged in real estate transactions ...
Department of Justice/Immigration and Naturalization Service: * INS has temporarily lowered its filing fees for certain petitions/applications. The fee change is due to a provision of the Homeland Security Act of 2002 requiring the elimination of a surcharge the INS previously attached in order to fund asylum and refugee services, fee exemptions and fee waivers ...
The U.S. Environmental Protection Agency and the Corps of Engineers recently issued an Advance Notice of Proposed Rulemaking regarding the definition of “waters of the United States,” which was published in the Federal Register on January 15, 2003. EPA and the Corps will be accepting comments that the agencies will use in developing rules clarifying what waters are subject to regulation under the Clean Water Act ...
Department of Justice/Immigration and Naturalization Service: * DOJ is implementing the National Security Entry-Exit Registration System (NSEERS) to enable the government to track the approximately 35 million non-immigrants who enter the U.S. each year. As part of NSEERS, certain non-immigrants will continue to register at a port-of-entry upon admission to the U.S. Other non-immigrants who were admitted to the U.S ...
Homeland Security Act of 2002: * On November 25, 2002, President Bush signed the “Homeland Security Act of 2002” into law, which establishes the Department of Homeland Security and includes provisions which may significantly alter the visa issuance process at U.S. Consulate/Embassy posts and adjudication of INS petitions. We will continue to provide updates as information becomes available. Department of State: * DOS issued a Worldwide Caution on November 20 reminding the country that U.S ...
In our October 22, 2002 Alert, we discussed the importance of the new compliance history rules of the Texas Commission on Environmental Quality (“TCEQ”). Basically, a company’s compliance history will affect permitting, availability of innovative programs, and enforcement, including unannounced inspections. Be alert that the TCEQ compliance history rules ignore traditional distinctions between mergers and assets acquisitions involving successor liability ...
