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Morris Polich & Purdy LLP Document Search Results (47)

 

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Adobe PDFSixth Circuit Clarifies That Settling PRPs Have Contribution, Not Cost Recovery Claims, That Must Be Brought Within Three Years of Entry of the Judgment
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
September 23, 2014, previously published on September 3, 2014
In Hobart Corp. v. Waste Management of Ohio, Inc. (Nos. 13-3273/3276, July 14, 2014), the Sixth Circuit held that a party settling any of its liability under CERCLA with the United States or a state has a contribution claim under Section 113 and not a cost recovery claim under Section 107....

 

Adobe PDFFourth Circuit Rules That Dischargers Must Disclose Whether They Will Discharge Listed Pollutants in NPDES Permit Applications to Obtain the Permit Shield Defense
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
On July 11, 2014, the Fourth Circuit, in Southern Appalachian Mountain Stewards v. A&G Coal Corp. (“Southern Appalachian”) (No. 13-2050), upheld a district court’s decision that A&G Coal Corp. (“A&G”) was not entitled to the permit shield defense because A&G never...

 

Adobe PDFSubrogation and CERCLA Section 107: A Possible Circuit Split in the Making
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
Recently, in Blue Tee Corp. v. XTRA Intermodel, Inc. (“Blue Tee”), 2014 WL 2061590 (S.D. Ill. May 19, 2014), the United States District Court for the Central District of Southern Illinois held that an insurer, as a subrogee of the current owner of contaminated property, may maintain a...

 

Adobe PDFDistrict Court Requires Analysis of GHG Emissions From Mine Operations As Well As Combustion of Extracted Coal
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
The U.S. District Court for the District of Colorado recently ruled that two Environmental Impact Statements (“EIS”) analyzing expanded coal mining on federal lands inadequately addressed greenhouse gas (“GHG”) emissions impacts from operation of the mine and from combustion...

 

Adobe PDFFifth Circuit Rules for Texas Commission on Environmental Quality in Whooping Cranes Matter
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In Arkansas Project v. Shaw, plaintiff, The Arkansas Project, sought to require the Texas Commission on Environmental Quality (TCEQ) to obtain an incidental take permit for whooping cranes, a species listed as endangered under the federal Endangered Species Act (ESA). The Arkansas Project alleged...

 

Adobe PDFASARCO Decisions Offer Lessons for the Environmental Practitioner
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In ASARCO v. Union Pacific Railroad Co. --- F.3d --- (10th Cir 2014) WL 2808249 and ASARCO v. Goodwin (2nd Cir. 2014) ---F.3d --- WL 2870117, two different Circuit Courts addressed the question of when the three-year statute of limitations on CERCLA contribution claims accrued when the plaintiff...

 

Adobe PDFAs Water Flows, So Does the Reach of the Government: The Clean Water Act
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
The great political orator Woody Allen once said, “I believe there's something out there watching over us. Unfortunately, it's the government.” In terms of the jurisdiction of the United States government over environmental conditions, a cynic like Mr. Allen has foretold the current...

 

Adobe PDFAir Resources Board Advisory Group Issues Report on Mechanisms to Reduce Price Volatility in the Cap and Trade Allowance Market
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
Among the advisory groups formed to assist the California Air Resources Board (ARB) in the design, operation and monitoring of its cap and trade market in greenhouse gases (GHG) is the Market Simulation Group (MSG). The MSG was assigned to provide an overview of the potential sources of disruption...

 

Adobe PDFAbsolute Pollution Exclusion Not a Bar to Coverage for Carbon Monoxide Poisoning in Nevada
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In Century Surety Co. v. Casino West, Inc., 329 P.3d 614, 615 (Nev. 2014), the Supreme Court of Nevada addressed the issue of whether an absolute pollution exclusion in a motel’s general liability insurance policy barred coverage for carbon monoxide poisoning. Given the prevalence of the...

 

Adobe PDFSupreme Court Rules that CERCLA Does Not Preempt State Statutes of Repose
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
In CTS Corp. v. Waldburger, the Supreme Court held 7-2 that Section 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt state statutes of repose, resulting in the dismissal of the landowners’ state law claims for water contamination...

 


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