Environmental Law



Environmental Law

By: Channing A. Martin

There’s a new sheriff in town.  Donald Trump’s election as President is likely to lead to significant changes in environmental regulation for American businesses.  Some changes can (and will) take place very quickly, with the stroke of a pen.  These include revoking Executive Orders, such as President Obama’s Climate Action Plan, as well as agency directives and guidance documents.  Other changes will require rulemaking under the Administrative Procedures Act (APA) or legislation by Congress. 

As a general matter, it’s safe to assume the Trump Administration will streamline regulations for American manufacturing, promote infrastructure projects, and remove impediments to the development of pipelines, coal mining, and other fossil fuels projects.  That could mean, for example, giving the green light to the Keystone Pipeline and the Dakota Access Pipeline, as well as opening up more public lands to energy exploration.

How quickly can President Trump roll back what he calls “job killing” regulations?  The answer is:  It depends.

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By: Andrew Shute, Partner and Johanna Kennerley, Senior Associate 

Individuals within corporate structures are not necessarily protected from exposure to personal liability where the company breaches its environmental obligations.

Mr Philip Foxman, and two companies of which he was the ‘directing mind and will’ for, were recently prosecuted and sentenced for waste related offences in NSW. Mr Foxman’s prosecution was based on his role as a director of both defendant companies.

To read the full article click here, or visit www.carternewell.com.

By: James Plumb, Partner and Kelly Pain, Senior Associate 

As we reported in our October 2014 newsletter titled ‘Common Provisions Act – implications for land access and compensation’, the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) (MERCPA) received royal assent on 26 September 2014.

Read more: Queensland's MERCPA is now in full force – what do you need to know?

By: James Plumb & Johanna Kennerley

The first part of this two part series, ‘Changes to the Water Act – Can you comply with your new obligations?’ focused on entry into Make Good Agreements.

In the second part of our Water Act series, we focus on the changes to the Water Act 2000 (Qld) (Water Act) that are due to commence in December this year. Those changes will bring mining activities conducted pursuant to the Mineral Resources Act 1989 (Qld)(MRA) within the ambit of Chapter 3 of the Water Act.

To read the full article click here, or visit www.carternewell.com.

By: James Plumb, Partner and Duncan Lomas, Solicitor

The Supreme Court of Queensland’s recent decision in Armour Energy Limited v AEGP Australia Pty Ltd [2016] QSC 153 considered the appropriate construction of a condition precedent in an exploration farmout agreement. The decision reinforces the need for clear and unambiguous drafting, properly reflecting the parties’ intentions, to avoid disputes.

To read the full article click here, or visit www.carternewell.com.