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Morris Polich Purdy LLP Los Angeles, CA Document Search Results (31) Show: results per page Sort by:  | Governor and Legislators Revisit Prop. 65
Morris Polich Purdy LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 Governor Brown announced reforms he is seeking to strengthen and restore the intent of the California Safe Drinking Water & Toxic Enforcement Act of 1986, commonly known as “Prop. 65.” Prop. 65 imposes both a discharge prohibition and a warning requirement for certain identified...
| | Proposed Law to Extend Polanco Act Powers to Local Government Agencies
Morris Polich Purdy LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 California Assembly Bill 440 (AB 440) would amend the Polanco Redevelopment Act (Health & Safety Code section 33549) by authorizing local government agencies including cities, counties and housing authorities, as opposed to only Redevelopment Agencies, to compel responsible parties to clean up...
| | EPA Issues New Section 319 Nonpoint Source Program and Grant Guidelines
Morris Polich Purdy LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 On April 12, 2013, EPA issued its Final Nonpoint Source Program and Grants Guidelines for States and Territories. The revised guidelines provide updated program direction, emphasize watershed project implementation and watersheds with impaired waters, and contain increased accountability measures....
| | Wholly Past RCRA Violations Are Dismissed
Morris Polich Purdy LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 In the case of Browning v. FlexSteel Industries, Inc. (“Browning”), a federal district court in Indiana recently dismissed a Resource Conservation and Recovery Act (RCRA) section 6972(a)(1)(A) citizen suit claim due to the fact that the environmental contamination alleged was caused by...
| | Court Upholds EPA’s Post-Issuance Withdrawal of a Section 404 Permit
Morris Polich Purdy LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 On April 23, 2013, the District of Columbia Circuit Court of Appeals upheld the U.S. Environmental Protection Agency’s (“EPA”) veto of a discharge permit that the U.S. Army Corps of Engineers (“the Corps”) had issued under Section 404 of the Clean Water Act to...
| | Vapor Intrusion Raises New Litigation Concerns
Morris Polich Purdy LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 Discovery of vapor intrusion at Superfund sites thought to be fully remediated may create new litigation. Among other issues, disputes are expected to arise over whether vapor intrusion triggers reopener clauses in Superfund consent decrees, which may expose unwitting property owners to new or...
| | Ninth Circuit Holds Medicare Part C Plans Do Not Have a Right of Recovery Under Federal Statute
Morris Polich Purdy LLP;
Legal Alert/Article May 27, 2013, previously published on May 22, 2013 On April 19, 2013, the Ninth Circuit Court of Appeals held, in Parra v. PacifiCare of Arizona, No. 11-16069, that a Medicare Part C Plan did not have the right, under the federal Medicare Act, to pursue a reimbursement claim against wrongful death proceeds paid to surviving family members.
| | Recent Oklahoma Supreme Court Decision May Indicate Trend Supporting Private Right of Action for Violation of FDCA Regulations
Morris Polich Purdy LLP;
Legal Alert/Article April 15, 2013, previously published on April 9, 2013 In an unpublished opinion, the Oklahoma Supreme Court recently held that a medical device manufacturer can be liable for a plaintiff’s injury under state law for violating federal regulations. See Howard et al v. Zimmer Inc., et al. 2013 OK 17 (March 19, 2013.) The majority of the Court held...
| | Beware CERCLA Statutory Pitfalls
Steven L. Hoch, Christopher W. Smith; Morris Polich & Purdy LLP;
Legal Alert/Article March 28, 2013, previously published on March 21, 2013 On Last week, the 9th Circuit affirmed a decision which affects environmental insurers and, perhaps inconspicuously, also impacts those who agree to be indemnitors for environmental contamination. The district court decision which was affirmed dismissed a Comprehensive Environmental Response,...
| | New SMART Act Sets Time Frames for Medicare Conditional Payment Information
Morris Polich Purdy LLP;
Legal Alert/Article March 12, 2013, previously published on March 11, 2013 On January 10, 2013, President Barack Obama signed the Strengthening Medicare and Repaying Taxpayers (SMART) Act into law. Designed to streamline the process for obtaining Medicare conditional payment information by Medicare claimants and primary payers such as liability insurers, self-insureds and...
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