U.S Supreme Court Rules That Adjacent Landowners Can Sue So Long As They Don’t Interfere With an EPA Approved CERCLA Remedy

In Atlantic Richfield Co. v. Christian et al., Slip Op. No.17-1498, April 20, 2020, landowners sued Atlantic Richfield in State Court alleging nuisance, trespass and strict liability under Montana law, and among other things, sought restoration damages. Their restoration plan went beyond what EPA required to protect human health and the environment. The Court held […]

Norman W. BernsteinPartner, N.W.Bernstein & Associates, LLC

EPA Adjusts Some Enforcement Because of the COVID-pandemic

On March 26, 2020, the U.S. Environmental Protection Agency released a new temporary policy for some violations that occur as a result of the COVID-19 pandemic.  It will exercise enforcement discretion (i.e., it may waive applicable penalties) for a limited group of acts or omissions that occur beginning on and after March 13, 2020.  To […]

Norman W. BernsteinPartner, N.W.Bernstein & Associates, LLC

International Deal Making – Assisting Acquirers

QUESTION ONE – In your experience, what are the key considerations that international clients should have the front of mind when assessing a target company for acquisition in your jurisdiction? An acquirer needs to know the legal and physical context of the business, not simply its current and projected economic conditions. In the US, businesses are subject to both […]

Norman W. BernsteinPartner, N.W.Bernstein & Associates, LLC

Green New Deal: the Italian Government approves the “climate decree”

On the 10th of October, the Italian Government approved the decree-law “Misure urgenti per il rispetto degli obblighi previsti dalla Direttiva 2008/50/CE sulla qualità dell’aria e proroga del termine di cui all’articolo 48, commi 11 e 13, del decreto-legge 17 ottobre 2016, n. 189” (i.e. Urgent measures to comply with the obligations laid down in […]

Norman Bernstein speaks at recent General Counsel Conference in New York

Norman Bernstein of N.W. Bernstein was a guest speaker at the recent General Counsel Conference in New York, NY, September 25-26. His spoke on the following topic: Recent Supreme Court Decisions that will Likely Broaden Judicial Review.  He answers questions such as Should courts continue to defer to a federal agency’s interpretation of its own […]

Norman W. BernsteinPartner, N.W.Bernstein & Associates, LLC

SUSTAINABLE MOBILITY: DIRECTIVE ON THE PROMOTION OF CLEAN VEHICLES PROCUREMENT ENTERS INTO FORCE.

Directive 2019/1161/EU, on the promotion of clean and energy-efficient road transport vehicles, shall enter into force on the 1st of August 2019 and it is going to modify the previous Directive 2009/33/CE. The transposition of the Directive shall be provided before the 2nd of August 2021. The objectives of the new Directive are basically two: […]

#IRCHICAGO19 Social Sponsor – Norman Bernstein of N.W.Bernstein & Associates, LLC

Norman Bernstein is IR Globals Exclusive Member for Environmental Law in New York, he sat with IR Global in Chicago where Norm introduces his firm, speaks about how he utilises his membership with IR Global with his experience working with the network, his involvement at the #IRCHICAGO19 conference and more. Norman has advised on a […]

Norman W. BernsteinPartner, N.W.Bernstein & Associates, LLC

A Fundamental Change In U.S. Law Is Underway

Both foreign and United States lawyers need to understand that the relationship between the federal courts and federal regulatory agencies in the U.S. is undergoing a major revision, shifting deference away from the agencies and strengthening the federal courts’ review of agencies actions.  This will affect virtually every federal agency: the Patent Office, the Food […]

Norman W. BernsteinPartner, N.W.Bernstein & Associates, LLC

THE EUROPEAN COUNCIL APPROVES THE DIRECTIVE ON PLASTIC PRODUCTS

On 21 May, the European Council has finally approved the Directive on “the reduction of the impact of certain plastic products on the environment”. While introducing a series of more stringent and severe rules compared to the European legislation currently in force on the matter, it establishes more ambitious goals in order to find a […]