EPA Releases New Interpretation of "Project Emission Accounting"

once in, always in

U.S. EPA released a major new interpretation of “project emission accounting” under New Source Review.  Reversing the Obama EPA position, U.S. EPA will now allow facilities in determining whether a “project” will trigger New Source Review to account for both projected increases and decreases at the same time.  Key to this approach is determining what emission units are included in the project, and developing and tracking the projection.

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Consequential Damage Disclaimers in Supply Agreements


What is a consequential damage?

This is the million (sometimes multimillion) dollar question.  According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and immediately from an injurious act but that result indirectly from the act.”[1]

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The Automotive Sector Faces Sharply Increased Duties, Pricing Uncertainty Following Announcement of Section 232 Tariffs on Steel and Aluminum

On March 1st, the automotive sector that consumes steel and aluminum was confronted with a potentially large tariff rate increase. The section 232 measures are intended to raise the prices of all steel products – whether imported or domestic – and thus will have an impact on any major purchaser of steel, which includes most automotive companies. Further, many of the parts and components that the OEMs purchase are made from domestic- and foreign-sourced steel and aluminum parts, meaning that the announcement will have a ripple effect on the entire automotive sector.

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Active Preparation Leads to Better Mediation Results


After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation.  In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared for mediation.  This post offers 7 pointers for parties to follow when preparing for mediation with their lawyers.

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Re-Thinking Supply Chain Contracts in the World of Connected Things

supply chain

As the pace of innovation increases at an ever faster rate, many products that traditionally may not have been thought of as involving computers or software are incorporating these elements.  In 2007, the iPhone revolutionized the public’s conceptions about what a phone should be.  Ever since, there has been a growing trend toward increasing connectivity and computing power in the products that we use on a day-to-day basis.  Today, toasters connect to our wireless networks.  Some automobiles now incorporate over 100 million lines of computer code into their onboard computer systems.

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