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Legal Articles: Morris Polich & Purdy LLP

 







Document(s) published by this organization: 65


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Adobe PDFImproper Agricultural Manure Usage or Storage May Be Subject to RCRA Liability
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
On January 14, 2015, the Eastern District of Washington in Cmty. Ass'n for Restoration of the Env't, Inc. v. Cow Palace, LLC, No. 13-CV-3016-TOR, 2015 WL 199345, at *41 (E.D. Wash. Jan. 14, 2015) ruled that dairy farms were liable under the Resource Conservation and Recovery Act...

 

Adobe PDFCourt Holds that Motion to Dismiss Is an Ineffective Tool to Address Allegations that Exceed the Scope of Pre-Litigation Notice Under the Clean Water Act
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
Before filing a Clean Water Act action, a plaintiff must provide the potential defendant with a “prelitigation notice” that tells the target precisely what it purportedly did wrong and when. However, in California Communities Against Toxics v. Armorcast Products Co., Inc., the U.S....

 

Adobe PDFCalifornia Supreme Court Announces Two-Part Test for CEQA Categorical Exemptions
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
The California Environmental Quality Act (CEQA) prescribes review procedures a public agency must follow before approving or carrying out certain projects. However, the Legislature by statute has directed the Secretary of the Natural Resources Agency to establish “a list of classes of...

 

Adobe PDFChallenging the Innocent Landowner Defense Under CERCLA - Coppola v. Smith Reinforces the Importance of ASTM Compliance as Part of a Commercial Land Purchaser’s Environmental Due Diligence
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
In Coppola v. Smith, No. 1:11-CV-01257-AWI, 2015 WL 224730, (E.D. Cal. Jan. 15, 2015), a federal court in the Eastern District of California denied a defendant commercial property purchaser’s “innocent landowners” defense to a claim for cost recovery under CERCLA, finding there...

 

Adobe PDFFifth Circuit Limits “Arranger Liability” Under CERCLA
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
On January 14, 2015, in Vine Street LLC v. Borg Warner Corp. (“Vine Street”), No. 07-40440 (5th Cir. 2015), the Fifth Circuit held that a company that had furnished dry cleaning equipment, design assistance, and a supply of perchloroethylene (“PERC”) to a dry cleaning...

 

Adobe PDFDeadlining Litigation Doesn’t Seem to Make Much of an Impact
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
In January 2015, the General Accounting Office (GAO) released a study entitled “Impact of Deadline Suits on EPA’s Rulemaking Is Limited.”1

 

Adobe PDFSafer Choice Label
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on March 23, 2015
You may not be aware of this—it is doubtful that many are—but the EPA is introducing what they call the “Safer Choice Label.” According to the EPA, the Safer Choice Label “...helps consumers, businesses, and purchasers find products that perform well and are safer for...

 

Adobe PDFTouch a Hazardous Substance, Worry About CERCLA Liability
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
The defendant in Roberts v. Heating Specialist Inc., WL 3845877 Heating Specialist, Inc.’s (Heating) business is installing and repairing boilers. Contracted to do a job at a vacant, private residence, Heating let itself in using a key in a lockbox. Once inside, Heating removed the existing...

 

Adobe PDFAppellate Court Upholds California Air Resources Board’s Recall and Repair Authority for Heavy-Duty Engines
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
In Engine Manufacturers Association v. California Air Resources Board, 2014 Cal App Lexis 1075 (November 24, 2014) the California court of appeal reversed a trial court’s ruling and upheld the Air Resources Board’s (ARB) authority to adopt regulations requiring the testing and recall of...

 

Adobe PDFCourt of Appeal Finds Provision of California’s Superfund Statute Unconstitutional
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
In Marilyn Van Horn v. Department of Toxic Substances Control, 231 Cal.App.4th 1287 (2014), the Court of Appeal held that the procedure for placing a lien on real property under California’s Superfund statute, the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety...

 


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