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United States: Supreme Court Limits Private Party Liability for Hazardous Waste Cleanup

(May 18, 2009) On May 4, 2009, the United States Supreme Court held that companies could not be held liable under the Superfund hazardous waste cleanup statute solely on the ground that they sold hazardous chemicals to other companies that they knew spilled the chemicals into the environment. The Court also ruled that where sufficient […]

Peru: National System of Evaluation and Control of the Environment

(May 4, 2009) On March 4, 2009, President Alan Garcia Perez of Peru signed the Law on the National System of Evaluation and Control of the Environment, to be led by the Organismo de Evaluacion y Fiscalizacion Ambiental (Agency of Environmental Evaluation and Control) [OEFA]. The purposes of the National System are to ensure compliance […]

China: Tax Incentives for Clean Development Mechanism Projects Published

(Apr. 28, 2009) On April 2, 2009, the Ministry of Finance (MOF) published a Circular on the Corporate Income Tax Policies of the China Clean Development Mechanism [CDM] Fund and CDM projects (CS [2009] No. 30). Dated March 23, 2009, the Circular for the first time clarifies the corporate income tax incentives available to CDM […]

Pacific Islands: First Regional Guidelines on Whale and Dolphin Watching

(Apr. 28, 2009) On March 29, 2009, on the eve of the first International Conference for Marine Mammal Protected Areas held in Maui, Hawaii, the first guidelines of the Pacific Islands region for whale and dolphin watching were issued, with a view to minimizing the potential impact of tourism activities on the marine mammals and […]

China: Regulations on Electronic Waste

(Apr. 24, 2009) On February 25, 2009, the State Council (Cabinet, hereafter SC) of the People's Republic of China (PRC) promulgated the Regulations for the Administration of the Recovery and Disposal [i.e., recycling] of Waste Electric and Electronic Products (Order No. 551). The Regulations will not be in force until January 1, 2011 (art. 35). […]

Nigeria: Initiative to Regulate Hazardous E-Products

(Apr. 3, 2009) The Nigerian Senate recently passed resolutions urging federal agencies, including the National Environmental Standards and Regulations Enforcement Agency (NESREA) and the Standards Organization of Nigeria (SON), to take the necessary steps to regulate the influx of hazardous, obsolete electronic devices and to find means of disposing of hazardous e-products already in Nigeria. […]

Indonesia: Move to Reduce GHG Emissions from Deforestation and Forest Degradation

(Mar. 20, 2009) It was reported on March 4, 2009, that Indonesia has submitted an application to join the World Bank's Forest Carbon Partnership Facility [FCPF]. The goal of the FCPF is to help developing countries “design and create projects” under the U.N.-supported Reduced Emissions from Deforestation and Degradation scheme, or REDD. Participation in the […]

Malta: Spring Bird Hunting Season Banned

(Mar. 20, 2009) For the second year in a row, the Maltese government has banned spring bird hunting season. As in 2008, the new ban is the result of a case on the issue brought by the European Commission against Malta, which is currently pending before the European Court of Justice. The Commission asserts that […]

Australia: Draft Legislation on Carbon Pollution Reduction

(Mar. 18, 2009) On March 10, 2009, the Australian government released draft Carbon Pollution Reduction Scheme legislation that will remain open for public comment until April 14, 2009. The legislation was developed on the basis of a Green Paper of July 2008 that solicited ideas on designs for the Scheme, and comes in the wake […]

Turkey: Long-Awaited Ratification of Kyoto Protocol

(Feb. 24, 2009) On February 5, 2009, the Parliament of Turkey, in a vote of 243 to 3, approved a bill on the country's participation in the Kyoto Protocol, after the Cabinet had signed the agreement. The law entered in force on February 17, upon its publication in the official gazette (RESMI GAZETE). Pressure applied […]