The Toxic Substances Control Act (“TSCA”) became law in 1976 with the objective of regulating chemicals in commerce that posed an “unreasonable risk of injury to human health or the environment.” While originated with good intent, TSCA had become a stale law that lacked clarity for industry and regulators alike. Now, after years of legislative… Continue Reading
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New U.S. EPA Environmental Justice Agenda Announced
Posted in Articles, EnvironmentOn Monday, May 23, U.S. EPA released a draft of its final Environmental Justice Strategic Plan for the Years 2016-2020, which is open for comment until July 7, 2016. The plan focuses on three major goals. The first goal is to deepen the environmental justice practice within EPA programs, specifically to improve the health and… Continue Reading
Court Rules Oil and Gas Lease Terminated Through Express Forfeiture Clause
Posted in Articles, EnergyIn Sims v. Anderson (June 30, 2015), the Fourth District Court of Appeals ruled that an oil and gas lease terminated when the lessee failed to pay a $400 annual royalty (the lessee only paid $391.45 during the year at issue). The lessee argued that it was inequitable to forfeit the lease for his failure… Continue Reading
Pros and Cons: Use of Independent Contractors in the Oil and Gas Industry
Posted in Articles, EnergyThe use of independent contractors in the oil and gas industry is typical and its advantages are obvious. However, decisions about when and how to use independent contractors might be made without full consideration of potential problems or the ever-looming and potentially significant risks of misclassification. Like other industries, the oil and gas industry is… Continue Reading