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Morris Polich & Purdy LLP Los Angeles, CA Document Search Results (49)

 

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Adobe PDFCERCLA Preempts Local Bylaws
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
December 18, 2014, previously published on November 12, 2014
In Town of Acton v. W.R. Grace & Co., a federal district court held that the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), commonly known as Superfund, preempts local cleanup bylaws. The U.S. Environmental Protection Agency (“EPA”) had...

 

Adobe PDF‘Tis the Season to Be (Potentially) Liable
Richard H. Nakamura; Morris Polich & Purdy LLP;
Legal Alert/Article
December 10, 2014, previously published on December 2, 2014
Alcohol and holidays. They go together like marshmallows and a fire. But when revelry turns to tragedy, individuals and companies alike may find themselves facing a lawsuit where their action (or inaction) in relation to the alcohol may be key to their defense. Recent California case law in this...

 

Adobe PDFNinth Circuit Upholds District Court Decision Finding State Route 47 Expressway Project is not in Violation of NEPA or the Clean Air Act
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
November 27, 2014, previously published on November 12, 2014
On October 30, 2014, the Ninth Circuit upheld the District Court’s finding that the State Route 47 Expressway Project, a planned 1.7 mile stretch of elevated highway connecting the Ports of Los Angeles and Long Beach to I-405, did not violate the Clean Air Act or the National Environmental...

 

Adobe PDFCalifornia’s Good Intentions Gone Haywire
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In 1969, stirred by Congress’ passage of the National Environmental Policy Act (NEPA), California thought it was doing one better. California passed the California Environmental Quality Act (CEQA) which requires state and local agencies to identify the significant environmental impacts of...

 

Adobe PDFThe Bona Fide Prospective Purchaser Defense to CERCLA Liability
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) is a strict liability statute. Nonetheless, CERCLA provides for a limited number of defenses to liability. One of these defenses is called the “bona fide prospective purchaser” exception to...

 

Adobe PDFTo Seek Cost Recovery or Contribution under CERCLA? The Seventh Circuit Seeks to Further Clarify the Distinction in NCR Corp. v. George A. Whiting Paper Co.
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In CERCLA cases, courts are often confronted with scenarios where it is unclear precisely which cause of action a party can or must pursue to recover incurred cleanup costs against Potential Responsible Parties (“PRPs”). Whether a party must proceed under two critical sections (107(a)...

 

Adobe PDFCourt Strikes Down Environmental Review of the Kern Water Bank
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In 1994, in response to the devastating drought of the late 1980s and early 1990s, the California Department of Water Resources and the State Water Project contractors entered into the so-called “Monterey Agreement,” regarding water deliveries to certain contractors, primarily in...

 

HTMLExtension of FEHA Protections Slated for 2015 - What You Need to Know
James H. Demerjian; Morris Polich & Purdy LLP;
Legal Alert/Article
November 22, 2014, previously published on October 21, 2014
In September, employment laws in California saw a change when Governor Brown signed two bills that affect employers under the California Fair Employment and Housing Act (FEHA). The FEHA now extends its protections regarding discrimination and harassment to unpaid interns. Employers with fifty or...

 

Adobe PDFFifth Circuit Rules that an Army Corps Judicial Determination is Not a Final Agency Action Reviewable Under the Administrative Procedures Act
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
November 1, 2014, previously published on October 8, 2014
On July 30, 2014, in Belle Company, LLC v. U.S. Army Corps of Engineers (No. 13-30262), the Fifth Circuit ruled that a jurisdictional determination by the United States Army Corps of Engineers (“the Corps”), stating that property contains wetlands and is subject to regulation under the...

 

Adobe PDFNew California Law Closes Loophole on Retention for Public Works Projects
D. Creighton Sebra; Morris Polich & Purdy LLP;
Legal Alert/Article
November 1, 2014, previously published on October 13, 2014
Recently, Governor Brown signed Assembly Bill 1705 into law, which closes a significant loophole related to the amount of retention that can be withheld on public works projects in California. Previously, Senate Bill 293 reduced the amount of retention that can be withheld on public works projects...

 


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