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Nixon Peabody Names First Sustainability Officer
Environmental | 2007/11/14 14:00
The Legal Newswire - International law firm Nixon Peabody LLP announces the appointment of a Chief Sustainability Officer. Carolyn S. Kaplan, an attorney in the firm’s energy and environmental practice, will serve in the new role. Nixon Peabody is the first in the legal industry to establish such a position, although many of the firm’s clients and global industries have done so as part of corporate commitments to sustainability.

Ms. Kaplan has almost two decades of experience with environmental protection and renewable energy projects. She counsels her clients on an array of issues that impact development projects and facilities, including environmental impact review, wetlands, tidelands licensing, storm water, water supply, land use, and hazardous waste site assessment and remediation. Ms. Kaplan co-chairs the firm’s Renewable Energy Team and has assisted clients on a variety of renewable energy projects, including the siting of land-based and offshore wind facilities. In her role as Chief Sustainability Officer, she will work closely with Nixon Peabody’s operations director to further reduce the firm’s carbon footprint and implement internal green initiatives, as well as to look for opportunities to partner with clients and potential clients on joint sustainability activities. The firm hopes that all of its personnel will become involved to identify innovative ways to improve the sustainability of its own activities and to advise clients in this rapidly growing sector. While serving as Chief Sustainability Officer, Ms. Kaplan will continue her legal practice in energy, environmental and land use law.

“This new position reflects our commitment to implement sustainable principles at every opportunity in our firm. We are supporting the commitment to sustainable practices that our clients are adopting and implementing,” said Harry P. Trueheart III, Chairman and Managing Partner of Nixon Peabody. “Although many law firms have separate practices that occasionally serve sustainable clients needs, at Nixon Peabody, we combine our legal experience, thought leadership, and good citizenship to serve our clients as very few other law firms can. With Carolyn serving as Chief Sustainability Officer, we intend to take our firm wide green initiative to the next level.”

For years, Nixon Peabody has been taking important steps towards sustainable business practices. Earlier this year, the firm announced the opening of its first green office in San Francisco which is a model of sustainable design, green building techniques, and a healthy work environment. The office has been certified by the United States Green Building Council under the program for Leadership in Energy and Environmental Design (LEED) making Nixon Peabody the first law firm in the U.S. to be LEED-certified in the category of "Commercial Interiors." The category includes all pre-existing office buildings and commercial space. In the coming months, other Nixon Peabody offices will also pursue LEED-certification. By establishing this position, the firm can achieve even greater progress. For example, all of the firm’s offices are implementing sustainability programs, adopting waste minimization practices, switching to eco-friendly building materials and cleaning products, and identifying other ways to reduce the firm’s carbon footprint.

“I’m proud to serve in this new role at Nixon Peabody,” said Ms. Kaplan. “In addition to improving our own performance, I believe we can assist our clients to achieve their business goals while attaining the best environmental result. I will be working with our attorneys and staff to identify sustainability efforts already underway within the firm, and to help develop plans to drive these efforts forward firm wide.”

Ms. Kaplan is an active member of the American Wind Energy Association (AWEA), serving on AWEA’s Siting Committee and Offshore Wind Working Group. She is active in the New England Environmental Business Council (EBC) and served as a co-chair of the EBC’s public policy committee. Ms. Kaplan has moderated and served on numerous panels involving renewable energy topics and she has published several articles on wind energy. She co-authors the renewable energy section of the biannual report for the American Bar Association’s section of Public Utility, Communications and Transportation Law (PUCAT). Ms. Kaplan received her J.D., cum laude, from Boston College Law School and she earned her B.A. from Cornell University.

About Nixon Peabody

Nixon Peabody LLP is one of the largest law firms in the United States and is recognized by American Lawyer Media as a "Global 100" firm. With 700 attorneys collaborating across 25 major practice areas in 17 office locations, including Boston, Chicago, London, Los Angeles, New York City, Rochester, San Francisco, Silicon Valley, and Washington, DC, the firm’s size, diversity, and advanced technological resources enable it to offer comprehensive legal services to individuals and organizations of all sizes in local, state, national, and international matters. Nixon Peabody has been recognized by FORTUNE magazine as one of its “100 Best Companies To Work For®” in 2007 for the second consecutive year. The firm has also been named to the Human Rights Campaign’s 2007 “Best Places To Work For GLBT Equality” list.


California to Sue Over Auto Emissions
Environmental | 2007/10/22 22:40
The state's attorney general said Monday that he would sue the Environmental Protection Agency in an attempt to force it to decide whether to let California and 11 other states impose stricter standards on certain vehicle emissions. The lawsuit, expected to be filed Wednesday in federal court in Washington, D.C., comes 22 months after California first asked the EPA to let the state impose tougher regulations on emissions of greenhouse gases from cars, pickup trucks and sports utility vehicles.

California wants to implement a 2002 state law that would require automakers to begin making vehicles that emit fewer greenhouse gas emissions by model year 2009. It would cut emissions by about a quarter by the year 2030. But the law can take effect only if the EPA grants the state a waiver under the Clean Air Act.

"Unfortunately, the Bush administration has really had their head in the sand," Attorney General Jerry Brown said. "In this case, there has been an unreasonable delay."

The EPA held hearings this summer on California's waiver request, and administrator Steven Johnson told Congress he would make a decision by the end of the year. The schedule has not changed, EPA spokeswoman Jennifer Wood said Monday.

The agency is also crafting national standards that it will propose by the end of the year, Wood said.

Gov. Arnold Schwarzenegger in April warned the EPA he would sue if the agency failed to act on the waiver within six months. That deadline is Tuesday.

"We feel like it's a reasonable request," Schwarzenegger spokesman Aaron McLear said. "They've delayed for a long time, and it's time to take action."

Connecticut, Pennsylvania and Washington also plan to join California's lawsuit against the EPA, officials in those states said.

While the federal government sets national air pollution rules, California has unique status under the Clean Air Act to enact its own regulations — with permission from the EPA. Other states can then follow either the federal rules or California standards, if they are tougher.

Eleven other states — Connecticut, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington — are ready to implement California's emissions standards if it gets the waiver. The governors of Arizona, Florida and New Mexico have said their states will adopt the standard.

The Association of International Automobile Manufacturers, which represents Honda, Nissan, Toyota and 11 other foreign car companies, has sued to block the standards from taking effect.

It argues that the tougher standards would raise the cost of cars and could force manufacturers to pull some sports utility vehicles and pickup trucks from showrooms. Their case is pending in federal court in Fresno.

The Alliance of Automobile Manufacturers has asked the EPA to deny the waiver, arguing there should be one federal standard for tailpipe emissions.



America Pipeline Company Pleads Guilty
Environmental | 2007/09/05 07:35
America Pipeline Company has pleaded guilty to negligently releasing about 200,000 gallons of ammonia into a Kansas creek. Authorities say the incident resulted in the killing of more than 25,000 fish. The Delaware company has agreed to pay a $1 million criminal penalty.

A pipeline that the company owned ruptured about six miles west of Kingman in October 2004. More than a million pounds of liquid ammonia was released.

U.S. Attorney Eric Melgren says the ruptured pipe created a vapor cloud that was a half-mile wide and 1.5 miles long. The ammonia flowed into a 10-mile stretch of a tributary of Smoots Creek, killing the fish, including several endangered ones.



Court blocks Navy sonar use to protect whales
Environmental | 2007/08/07 09:11
A federal court issued an injunction on Monday blocking the Navy from using a type of sonar that wildlife supporters say harms whales in exercises off the California coast. The preliminary injunction is a victory for environmental group Natural Resources Defense Council, or NRDC, which filed a lawsuit in March claiming the Navy did not do sufficient environmental testing of its mid-frequency active sonar.

The sonar is used to detect underwater objects like submarines and is critical to readiness training, Navy officials said.

"The U.S. Navy's use of sonar, and the ability to test and train with it, is critical to the national security of the United States," the government argued before the start of the hearing in the U.S. District Court in Los Angeles.

Three tests have taken place off the California coast and 11 more were scheduled through 2009.

But the NRDC claims the sonar, which shoots bursts of sound, is so loud it kills whales.

"Scientists all agree that mid-frequency sonar causes whales to strand and die," said Joel Reynolds, senior attorney at NRDC and director of its marine mammal protection program.

The NRDC filed a similar lawsuit in Hawaii, where a court ordered the Navy to implement measures to protect whales before proceeding with its exercises.

"This is among the most biologically rich areas in the country," Reynolds said about the area off the California coast. "It's an extraordinary place and it's the wrong place to be testing with sonar technology that's known to kill whales."

The NRDC said it expects the judge to issue a final decision later on Monday or Tuesday.

Navy officials said they will appeal.



Court narrows law environmental protection law
Environmental | 2007/07/26 09:26

The Michigan Supreme Court on Wednesday put limits on a long-standing state law that allows Michigan citizens to sue over drilling, dredging and development they think would hurt the state's environment. The ruling came in a case involving an international corporation's right to take groundwater for its Ice Mountain bottling plant in Mecosta County. Local residents had sued Greenwich, Conn.-based Nestle Waters North America and its bottled water operation in 2001 over potential damages to nearby waterways.

In its 4-3 decision, the Supreme Court upheld Court of Appeals decisions that said the residents had the legal standing to sue the company over how its water withdrawals might affect the Dead Stream and Thompson Lake.

But it disagreed with the lower court's ruling that the residents also had the legal standing to sue over a nearby lake -- Osprey Lake Impoundment -- and three wetlands, saying residents didn't prove they used those areas.

Justice Marilyn Kelly criticized the majority's decision, writing in her dissent that "it extinguishes a valid cause of action for no reason other than its belief that the cause of action granted by the Legislature is too broad."

A Nestle spokeswoman said the court simply was being consistent with an earlier ruling that limited the law's scope.

But David Holtz, director of Clean Water Action Michigan, said the court's ruling makes it even more important to pass legislation protecting Michigan's waters. A package of bills was introduced this week in the state House to strengthen a permit system for water withdrawals.



US court suspends Shell Beaufort Sea oil drilling
Environmental | 2007/07/20 15:57

U.S. federal appeals court has ordered Royal Dutch Shell Plc to suspend drilling operations on offshore oil blocks in the Beaufort Sea off the north coast of Alaska pending a legal challenge being brought by environmental activists and Alaska Native groups.

The Alaska North Slope Borough has been leading a legal fight against Shell's drilling plans, arguing that environmental impact assessments prepared by the company are inadequate.



U.S. adopts limits on clean water law enforcement
Environmental | 2007/06/07 09:33

The landmark U.S. law to fight water pollution will now apply only to bodies of water large enough for boats to use, and their adjacent wetlands, and will not automatically protect streams, the U.S. government said on Tuesday. Environmental groups said they fear the new policy will muddy the purpose of the federal Clean Water Act and put many smaller bodies of water at risk. Democrats in Congress have introduced legislation mandating protection of creeks, estuaries and other watersheds.

The Environmental Protection Agency and the Army Corps of Engineers wrote the new guidelines after the Supreme Court split a year ago in a case about which waters fall under the Clean Water Act.

Because of the split decision, lower courts must decide on a case-by-case basis if the law applies to smaller water areas.

Four justices said the law was restricted to protecting navigable waters such as lakes and rivers, and bodies connected to them, while four argued the law had a broader reach.

The new guidelines were intended to help workers in the field determine if a waterway fell under the act, using the argument of Justice Anthony Kennedy, who did not join either side in the decision.

Benjamin Grumbles, EPA's assistant administrator for water, told reporters during a conference the new guidelines would provide greater consistency and predictability for the public.

Now his agency will regulate waters large enough to be used by boats that transport commerce, along with wetlands adjacent to them. It will decide on a case-by-case basis to regulate other tributaries that may affect main waterways.

'In effect, the EPA and the Corps are taking their field staff and the public out to the woods, blindfolding them, spinning them in circles, telling them to 'go west,' and calling that guidance,' complained Jon Devine, a senior attorney at the Natural Resources Defense Council.

The EPA's new policy does not offer clear instructions to scientists in the field on how to protect surface waters, Devine said, and would eliminate protections for many streams. He also said the case-by-case decisions would inspire an onslaught of lawsuits and public confusion.

John Woodley, Assistant Secretary of the Army, said there would be no way to measure changes from the guidance.

But, he said, the waterways in the Supreme Court case would have been considered wetlands according to EPA's new guidance.

Angered by the Supreme Court's split, Democratic lawmakers last month introduced the 'Clean Water Restoration Act' that would drop the word 'navigable' from the original law.

Rep. James Oberstar, a Minnesota Democrat sponsoring the legislation, said the single edit would make clear that the EPA must also protect watersheds, which are often creeks or estuaries where water has collected.



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