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Legal Articles: Morris Polich & Purdy LLP

 







Document(s) published by this organization: 72


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Adobe PDFThe Many Faces of the Environment
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
This time of year is celebrated with good cheer, family, and tradition. The MPP environmental family has decided to continue our own tradition by once again reciting a poem with changes the original author would not have imagined. If he was still around I am sure he would want to beat me with a...

 

Adobe PDFDischargers Find No Harbor in the Clean Air Act from State Common Law Claims
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
On November 2, 2015, citing the Clean Air Act’s (“the Act”) “savings” clause, principles of federalism and analogizing with the Clean Water Act and its case law, the Sixth Circuit Court of Appeals found that the Act does not preempt claims based on a source...

 

Adobe PDFPre-CERCLA Indemnification Agreements Can Release PRPs From Liability
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
The Seventh Circuit recently agreed with a district court that an indemnity agreement, entered into before the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) became law, barred a contribution claim under CERCLA. Peoples Gas Light & Coke Co. v. Beazer E., Inc.,...

 

Adobe PDFU.S. Army Corps of Engineers not Required to Conduct NEPA Analysis of Entire 593-Mile Oil Pipeline when 95 Percent of Pipeline Crossed Purely Private Property
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
On September 29, 2015, the D.C. Circuit in Sierra Club v. U.S. Army Corps of Engineers (D.C. Cir. No. 14-5205) upheld a federal district court dismissal of an environmental group's National Environmental Policy Act (NEPA) and Clean Water Act claims against the U.S. Army Corps of Engineers...

 

Adobe PDFAppeals Court Can See the Forest for the (Old) Trees
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
In 1976, the City of Santa Cruz (City) sought to protect its urban forest by adopting the "Heritage Tree Ordinance," which governs the protection of large trees and trees having other significance. The City later adopted the "Heritage Tree Removal Resolution," which governs the...

 

Adobe PDFNinth Circuit Requires EPA to Apply Scientific Studies Supporting Its Actions in Regulating Honeybee Pesticide
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
January 27, 2016, previously published on December 17, 2015
The Ninth Circuit gave the Environmental Protection Agency (EPA) a strong rebuke in relation to the unconditional registration of sulfoxaflor, a pesticide toxic to honeybees, in Pollinator Stewardship Council v. U.S. Environmental Protection Agency. In this case, the Ninth Circuit stated clearly...

 

Adobe PDFDesign Professionals’ Guide to Mechanic's Liens (California)
D. Creighton Sebra; Morris Polich & Purdy LLP;
Legal Alert/Article
December 2, 2015, previously published on November 19, 2015
Civil Code §§ 8014 & 8300 defines a design Professional as any one of the following that furnishes services pursuant to a written contract with an owner for design, engineering, or planning work: Registered professional engineer or Licensed architect, landscape architect, or land...

 

Adobe PDFBeware of Going Without a Court Reporter!
Jens B. Koepke; Morris Polich & Purdy LLP;
Legal Alert/Article
November 27, 2015, previously published on November 9, 2015
One of the well - known side effects of the court funding crisis has been the elimination of court reporters in many civil courtrooms. How that can negatively impact litigants, particularly on appeal, has now become clearer. A recent California Court of Appeal decision shows that not having a court...

 

Adobe PDFSolving the Issue of Pharmaceuticals in Water is Physiologically Impossible
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
On September 25, 2015, the Environmental Protection Agency (EPA) published a new Pharmaceuticals Rule in the Federal Register. The EPA states that this “rule proposes a tailored, sector-specific set of regulations for the management of hazardous waste pharmaceuticals by healthcare facilities...

 

Adobe PDFDistrict Court Preliminarily Enjoins Expansive Definition of “Water of the United States” under Clean Water Act
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
In North Dakota v. EPA, 2015 WL 5060744 (D.N.D. Aug. 27, 2015) (“North Dakota”), twelve states won a preliminary injunction enjoining the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (“Army Corps”) (collectively, the “Agencies”)...

 


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