As those of you who have read our prior blog posts know, one of the primary changes between the proposed and final rules redefining the scope of jurisdictional waters under the Clean Water Act is the more objective measurements contained in the final rule. The proposed rule defined adjacent (and therefore jurisdictional) waters as those within certain scientific boundaries – floodplains and riparian areas, for example, which were defined based on their ecological and hydrological relation to traditionally-navigable and other similar waters. The final rule eliminated the need for this scientific analysis, stating instead that adjacency would be based on distances – waters are automatically jurisdictional a minimum of 100 feet away and up to 1,500 feet away if measured from a high tide line or Great Lake or contained in a 100-year floodplain. Similarly, the significant nexus test applies to features up to 4,000 feet from such waters. This increased clarity makes it easier for … [Read more...] about Update on the Waters of the US – Put Away the Tape Measure and Get a Map
Measured on the vertical
IntroductionOn October 22, 2014, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, the Federal Housing Finance Agency and the Department of Housing and Urban Development (the “Agencies”) released a joint final rule (the “Rule”) implementing the credit risk retention requirements of Section 15G of the Securities Exchange Act of 1934. The adopting release was published in the Federal Register on December 24, 2014 (the “Release”). References to sections of the Rule set forth below are to the version of the common rule published in the Federal Register (79 Fed. Reg. 77602 (December 24, 2014)).In an effort to facilitate implementation of the Rule, we have partnered with attorneys from Dechert LLP, Orrick, Herrington & Sutcliffe LLP and Sidley Austin LLP to set forth below selected questions that we and … [Read more...] about Selected Risk Retention Questions and Answers for CMBS Securitizations
On 11 April 2016, the Environment Agency granted the necessary environmental permits to allow the UK-based company Third Energy UK Limited to carry out hydraulic fracturing, or “fracking” as it has become known, for shale gas at the so-called KM8 Well, an existing borehole in North Yorkshire. Despite opposition, the Environment Agency maintains that the decision followed a rigorous assessment of Third Energy’s proposal as well as two public consultations. It states that it feels confident that the environmental permits have the right conditions to ensure that people and the environment are protected.On the face of it, this would seem like another step forward for fracking. However, obtaining environmental permits is, as those involved know, only a small part of the process in carrying out a successful fracking operation. Third Energy still needs other permissions, including the appropriate planning permission, before it can go ahead.Despite strong UK … [Read more...] about UK Fracking – Picking Up Energy or Still on Go Slow?
Live Law spoke to Mysore Rangacharya Prasanna, former Group General Counsel of the Aditya Birla Group. After being an independent Counsel for about 7 years Prasanna worked as Head of the Legal function for over 28 years with different organizations like Alfa Laval, Brooke Bond India Limited (now part of Hindustan Unilever). Prasanna was the Chief Legal Officer of Larsen & Toubro Limited, Mumbai for seven years. For about 12 years, Prasanna was the General Counsel of the Aditya Birla Group, spearheading mergers and acquisitions. Since May 2010, Prasanna has relocated to Bangalore as an Independent Consultant primarily for corporates. He sits as an Arbitrator in SIAC arbitrations. Live Law: Is there true globalization of the Indian Corporate Counsel?Mysore Prasanna: Globalization of business has also led to globalization of the legal profession as a whole. The legal community which hitherto operated in silos is finding itself acquiring a seamless proportion. Barring certain … [Read more...] about Talking Law: Mysore Prasanna, Former Group General Counsel, Aditya Birla Group
On the occasion of the United Nations International Day of People with Disability 2015, IDIA announces the launch of our new IDIA Disability Access Programme (i-DAP) team.One of the core objectives since IDIA’s inception has been to contribute to making the legal ecosystem more disabled-friendly. IDIA has sensitised, trained and supported many students with disabilities, as well as undertaken policy research and reform for making legal education and legal profession more accessible to students with disabilities.Eleven students with disabilities, trained and supported by IDIA, are currently studying in various top National Law Universities, multiple national law universities purchasing and installing disabled-friendly equipment, as well as introducing disabled students-friendly policy measures. The CLAT Core Committee had allowed candidates with disabilities to avail of scribes from CLAT 2012 onwards.December 3rd has been celebrated as the ‘International Day … [Read more...] about IDIA launches Disability Access Programme (i-DAP) Team