http://www.reedsmith.com/ en-us © Copyright 2013 Reed Smith LLP. All rights reserved. Sun, 19 May 2013 14:29:50 GMT Sun, 19 May 2013 14:29:50 GMT Chemical manufacturers, distributors and employers of all types need to take note of new Occupational Safety and Health Administration (OSHA) requirements contained in OSHA’s recently modified hazard communication standard (HCS). The modifications make the new HCS consistent with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The United States now joins the EU and numerous other countries in making this move. Note that currently 27 states or U.S. territories have OSHA-approved plans. These states have six months from the publication of the new standard to adopt comparable versions. State governments may also enact federally approved plans that impose stricter (but not less strict) requirements on employers. Businesses must be aware of any such state rules and adjust their programs accordingly. The new HCS changes many things for manufactures and distributors of hazardous chemicals, and fewer things for other employers who merely use hazardous chemicals in the workplace. A "hazardous chemical" is "any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified." In addition to making minor changes to familiar terminology – for example, "Material Safety Data Sheets" will now be known as "Safety Data Sheets" (SDS) – the new HCS contains a number of broad-ranging substantive changes. The schedule for compliance with the new HCS is staggered, as further described below, with December 1, 2013, being a notable deadline for employee training and chemical container re-labeling. http://www.reedsmith.com/publications/detail.aspx?publication=12397 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12397 Fri, 17 May 2013 00:00:00 GMT Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption covers all purchases or use of equipment, machinery, and supplies used to control, abate or prevent air, water, or noise pollution generated in mining operations. In fact, in an often-cited decision, the Pennsylvania Commonwealth Court held that the sales and use tax exemption for pollution-control devices is very broad. In Kelly Run, for example, the court held that bulldozers, cranes, containers, and a "Trashmaster," were exempt from tax under the pollution-control exemption. The court stated that the "items are used only to dispose of industrial wastes, two-thirds of which are hazardous. Since these pieces of equipment are used as pollution control devices more than half of the time, [they are] exempt from the sales tax." Thus, under the case law in Pennsylvania, many purchases that you would not normally consider exempt under the manufacturing exemption are still exempt under the pollution-control exemption. http://www.reedsmith.com/publications/detail.aspx?publication=12398 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12398 Fri, 17 May 2013 00:00:00 GMT The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states seeking greater control or a larger share of the revenue generated from its resources. http://www.reedsmith.com/publications/detail.aspx?publication=12396 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12396 Fri, 17 May 2013 00:00:00 GMT Laurence Leamer stops by to talk about his new book "The Price of Justice" along with two attorneys who helped inspire it. http://www.reedsmith.com/knowledge/detail.aspx?news=1928 News http://www.reedsmith.com/knowledge/detail.aspx?news=1928 Tue, 14 May 2013 00:00:00 GMT On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board. The standard FIDIC form of contract contains a tiered dispute resolution provision (clause 20). The first step is a referral of a dispute to a Dispute Adjudication Board (‘DAB’) whose role it is to make independent and impartial decisions. Where no notice of dissatisfaction has been served by a party, the decision of the DAB is said to be ‘final and binding’ and the decision can be enforced summarily through arbitration (clause 20.7). However, where a notice of dissatisfaction has been served, the decision of the DAB is said to be ‘binding’ (such that the parties must promptly give effect to it) but it is not ‘final’, since the underlying dispute may still be referred to arbitration for final determination (clause 20.6). http://www.reedsmith.com/publications/detail.aspx?publication=12341 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12341 Mon, 13 May 2013 00:00:00 GMT This client alert is the second of a two-part series relating to the use of the standard form contract published by the North American Grain Export Association (NAEGA). http://www.reedsmith.com/publications/detail.aspx?publication=12328 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12328 Fri, 10 May 2013 00:00:00 GMT Unlike most traded commodity markets, the market for trading carbon credits or emissions allowances in the EU is not one based on its utility, usage or consumption. A carbon credit is not used in manufacturing processes or consumed like power or grain. Its market is entirely an invention of policy as implemented through legislation and regulation with a view to reducing the carbon emissions in the EU. Any demand for a carbon credit or emission allowance (“allowances”), is also therefore a creation of those legislative and regulatory processes. That process has left the EU Emissions Trading Scheme (“EU ETS”), today in its third phase, moribund with an over-supply of allowances. http://www.reedsmith.com/publications/detail.aspx?publication=12321 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12321 Thu, 09 May 2013 00:00:00 GMT Introduction In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to assessing its suitability for high value, large-scale international projects. We considered the approach and structure of both, their “portability”, their approach to risk, and the role of third parties. http://www.reedsmith.com/publications/detail.aspx?publication=12312 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12312 Wed, 08 May 2013 00:00:00 GMT Introduction The knock-on effects of the global economic crisis have influenced the financing of the commodities trading industry. Changes in the regulatory landscape in Europe and the United States have likewise influenced the manner in which finance is being provided to the sector. One manifestation has been an increase in lending conducted through ownership and intermediation structures that interpose the financier as owner of the commodities. Such structures have the advantage that they may, depending on the accounting practices of the bank, be treated as purchases/sales for regulatory capital purposes, meaning the financing that they provide requires less capital than traditional secured loans. http://www.reedsmith.com/publications/detail.aspx?publication=12287 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12287 Fri, 03 May 2013 00:00:00 GMT (May 2, 2013, Houston) – Reed Smith LLP today announced the addition of two partners to its rapidly growing Houston office. Mark D. Temple and Leah T. Rudnicki bring the total number of partners in the firm’s newest office to 16 and the number of lawyers to 22. Temple is a member of the firm’s Labor & Employment practice; Rudnicki is a member of its Commercial Litigation practice. http://www.reedsmith.com/knowledge/detail.aspx?news=1925 News http://www.reedsmith.com/knowledge/detail.aspx?news=1925 Thu, 02 May 2013 00:00:00 GMT The ongoing struggle to determine how and when generator interconnection facilities should be subject to the North American Electric Reliability Corporation’s (NERC) rules governing transmission owners and transmission operators seems to be drawing to a conclusion. NERC has proposed a modest set of changes to its reliability standards, which the Federal Energy Regulatory Commission (FERC) generally proposes to approve. On April 18, 2013, FERC issued a notice of proposed rulemaking, Generator Requirements at the Transmission Interface, (NOPR), in which it proposes to adopt NERC’s proposed amendments to two transmission owner reliability standards to make them, under the appropriate set of facts, applicable to generator interconnection facilities. NERC also proposes to add language to two generator reliability standards to include specifically generator interconnection facilities under their coverage. Comments on the NOPR are due June 24, 2013. http://www.reedsmith.com/publications/detail.aspx?publication=12269 Publication http://www.reedsmith.com/publications/detail.aspx?publication=12269 Mon, 29 Apr 2013 00:00:00 GMT