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Field A.B.,Hunton And Williams
Proceedings of the Air and Waste Management Association's Annual Conference and Exhibition, AWMA | Year: 2012

In enacting the modern Clean Air Act (CAA) in 1970, and subsequently amending it, the Congress created a partnership between the states and federal government. Under the partnership, the federal government, through EPA, determines the air quality-related ends. A discussion covers the CAA's federal-state partnership and how it worked for 40 yr; court support for the partnership; the partnership between 1970 and 2010; erosion of the partnership in the past 2 yr; EPA's greenhouse gas (GHG) SIP call and GHG FIP; implementation of the 1-hr SO2 NAAQS; use of CAA § 126 to limit a state's role in implementing the CAA; the Cross-State Air Pollution Rule; and BART determinations. This is an abstract of a paper presented at the 105th AWMA Annual Conference and Exhibition (San Antonio, TX 6/19-22/2012).


Bergkamp L.,Hunton And Williams | Herbatschek N.,Hunton And Williams
Review of European, Comparative and International Environmental Law | Year: 2014

The REACH Regulation establishes several chemical regulatory regimes, which operate, by and large, as stand-alone, but ostensibly complementary programmes. The two key REACH programmes for direct 'command and control' regulation of chemical risk are 'restriction' and 'authorization'. In the case of substances of very high concern, both restriction and authorization are available as risk management measures. Because REACH fails to establish an independent, coherent and unbiased framework for chemical risk assessment and policy analysis of these alternative regulatory options, their deployment has been fraught with difficulties. This article reviews the REACH provisions governing the restriction and authorization programmes, and the differences, similarities and interrelations between them. In the second part, the problems arising in the application of the two regimes are illustrated with reference to the case of dipolar aprotic solvents. This case study demonstrates that the most appropriate regulatory instrument may be a regime other than REACH. The third part sets forth some recommendations to improve current practice and move towards a predictable, reasonable and balanced REACH application. © 2014 John Wiley & Sons Ltd.


By leaving the field open to states to set prices, the Federal Energy Regulatory Commission may be allowing states to fulfill their own individual policy goals at the expense of national goals. States do not necessarily share FERC's 'national vision and perspective' under PURPA, as Congress intended. © 2015 Elsevier Inc.


Weiss K.,ERM | Wehrum W.,Hunton And Williams
Environmental Conference 2013 | Year: 2013

New Source Review (NSR) is the most controversial regulatory program enforced by the EPA. The program has been a particular challenge for the petroleum industry. This paper addresses the following issues, each of which is important to fuel and petrochemical manufacturers and has the ability to substantially impact project scope, schedule and budget: key court decisions impacting the applicability and enforcement of the NSR rules; potential NSR challenges created by EPA's plans to overhaul the startup, shutdown and malfunction provisions of many SIP and federal rules; EPA's guidance related to the continued use of Significant Impact Levels (SIL) and Significant Monitoring Concentrations (SMC) which are especially important PSD tools; and a series of emerging greenhouse gas issues that potentially will sweep more industrial operations into the PSD program. This is an abstract of a paper presented at the Environmental Conference 2013 (New Orleans, LA 10/21-22/2013).


Beck’s risk society has become a highly influential theory in sociology and has begun to influence risk policy-making and regulation. The theory has been given too much credit, however. This article identifies and analyzes the troubling features of risk society, and demonstrates that it is a loose set of vague ideas, feelings, and hunches, rather than a theory. Risk society, as distinguished from modern industrial society, is a risk management society concerned with the identification and distribution of risks arising from industrial activities, while downplaying natural and other risks. Devoid of empirical content and analytical tools, it promotes a simplistic precautionary anti-industrial environmental and safety ethic. Risk society involves politicization of science and self-interested activism in risk management decision-making. Due to its unrealistic dogmas, ambitions, and side effects, risk society is unable to manage risks effectively and efficiently, and poses a threat to constitutional democracy. Policy-makers and risk managers, therefore, should not rely on risk society theory in designing and implementing risk management structures and regulations. © 2016 Informa UK Limited, trading as Taylor & Francis Group


Langworthy L.M.,Hunton And Williams | Flynn A.M.,Hunton And Williams
EM: Air and Waste Management Association's Magazine for Environmental Managers | Year: 2015

The proposed revisions to the ozone standards, if they are adopted as proposed, may present new grounds for a judicial challenge. © 2015, Air and Waste Management Association. All rights reserved.


Rapp P.E.,United Road Services | Cellucci C.J.,Aquinas LLC | Gilpin A.M.K.,Hunton And Williams | Gilpin A.M.K.,University of Maryland Baltimore County | And 2 more authors.
BMC Psychiatry | Year: 2011

Background: The role of psychotherapy in the treatment of traumatic brain injury is receiving increased attention. The evaluation of psychotherapy with these patients has been conducted largely in the absence of quantitative data concerning the therapy itself. Quantitative methods for characterizing the sequence-sensitive structure of patient-therapist communication are now being developed with the objective of improving the effectiveness of psychotherapy following traumatic brain injury.Methods: The content of three therapy session transcripts (sessions were separated by four months) obtained from a patient with a history of several motor vehicle accidents who was receiving dialectical behavior therapy was scored and analyzed using methods derived from the mathematical theory of symbolic dynamics.Results: The analysis of symbol frequencies was largely uninformative. When repeated triples were examined a marked pattern of change in content was observed over the three sessions. The context free grammar complexity and the Lempel-Ziv complexity were calculated for each therapy session. For both measures, the rate of complexity generation, expressed as bits per minute, increased longitudinally during the course of therapy. The between-session increases in complexity generation rates are consistent with calculations of mutual information. Taken together these results indicate that there was a quantifiable increase in the variability of patient-therapist verbal behavior during the course of therapy. Comparison of complexity values against values obtained from equiprobable random surrogates established the presence of a nonrandom structure in patient-therapist dialog (P = .002).Conclusions: While recognizing that only limited conclusions can be based on a case history, it can be noted that these quantitative observations are consistent with qualitative clinical observations of increases in the flexibility of discourse during therapy. These procedures can be of particular value in the examination of therapies following traumatic brain injury because, in some presentations, these therapies are complicated by deficits that result in subtle distortions of language that produce significant post-injury social impairment. Independently of the mathematical analysis applied to the investigation of therapy-generated symbol sequences, our experience suggests that the procedures presented here are of value in training therapists. © 2011 Rapp et al; licensee BioMed Central Ltd.


Bergkamp L.,Hunton And Williams
Journal for European Environmental and Planning Law | Year: 2015

The latest move in the environmentalists' fight against climate change involves judicial proceedings against states. In these proceedings, climate action groups seek court orders to force governments to impose more stringent measures to reduce greenhouse gas emissions. A recent judgment by a Dutch court has given this strategy momentum. In the Urgenda case, the court ruled that the Dutch government owes a duty of care to its citizens to provide protection against the risks posed by climate change. On this basis, the court ordered the government to revise its current policies to ensure that by 2020 carbon dioxide emissions are reduced by at least 25% compared to 1990 levels. As this article demonstrates, this kind of litigation raises constitutional issues, because courts may not infringe on the legislature's prerogatives. Climate policy-making requires a series of value judgments and policy choices, and the state has non-justiciable discretion as to how it meets its duties of care. © 2015 by Koninklijke Brill NV, Leiden, The Netherlands.


Bruening P.J.,Hunton And Williams | Waterman K.K.,Massachusetts Institute of Technology
IEEE Security and Privacy | Year: 2010

The ubiquitous collection, use, and flow of data challenge existing frameworks for data protection and management. Organizations collect and derive data from myriad sources and use it for various purposes, so that the rules that apply to their data holdings vary. The authors describe data governance in this complex and dynamic environment, where the rules and obligations that govern how organizations use and protect information attach to the data and must be met wherever or by whomever collects, processes, or stores it. They suggest data tagging to facilitate such an approach. © 2006 IEEE.


NEW YORK--(BUSINESS WIRE)--Hunton & Williams LLP today received the U.S. Coast Guard Meritorious Public Service Medal for the firm’s pro bono legal work on behalf of Coast Guard members. Managing Partner Wally Martinez and several lawyers and paralegals who have participated in the project accepted the award on behalf of Hunton & Williams at a ceremony at the firm’s New York office. Presenting the award were Staff Judge Advocate Capt. Christopher Mooradian and Coast Guard Legal Assistance Attorney Benjamin McCarty, who are based at the First Coast Guard District Legal Office in Boston. “While we are honored to receive this prestigious award, it truly has been our privilege to serve the Coast Guard and its families, and we look forward to continuing and expanding our partnership,” said Martinez, a member of the Coast Guard Auxiliary, who helped start the pro bono legal assistance program and is among the program’s most active participants. Martinez also received a Meritorious Public Service award for his personal contributions. Begun in 2012, the Coast Guard partnership has involved about 30 of the firm’s lawyers who have contributed nearly 1,800 volunteer hours in five states. The firm assists Coast Guard members and their families with legal issues involving real estate, estate planning, bankruptcy, immigration and other matters. Lawyers from the firm’s New York, Miami, Norfolk, Richmond, Atlanta and Washington offices have all been involved in the partnership. The Meritorious Public Service Medal is given to recognize substantial contribution to the Coast Guard that produced tangible results and specific individual accomplishments that provide unique benefits to the public. Hunton & Williams continues to lead the way in community service in the United States, and the firm’s tradition of pro bono service is well recognized. Since 2009, 100 percent of the firm’s full-time U.S. lawyers have worked on pro bono projects. The firm has neighborhood offices in Richmond, Charlottesville, Va., and Atlanta dedicated to pro bono services for low-income individuals. Hunton & Williams is a global law firm of more than 750 lawyers serving clients in the United States, Europe, Latin America and Asia. The firm handles transactional, litigation and regulatory matters for a diverse client base, with significant experience in retail and consumer products, energy, financial services, real estate, and privacy and cybersecurity. Visit www.hunton.com and follow us on Twitter, LinkedIn and YouTube.

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