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Adobe PDFRecent Cases Highlight Coverage Issues Under Cyber Policies
Timothy J. Toohey; Morris Polich & Purdy LLP;
Legal Alert/Article
August 17, 2015, previously published on August 13, 2015
Several recent cases, including decisions from two federal courts and a case filed by an insurer in California, have added to the growing body of law regarding insurance coverage for incidents involving technology.

 

Adobe PDFU.S. EPA’s EJSCREEN: A Tool for Good or Evil?
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
August 7, 2015, previously published on July 30, 2015
In 1994, Executive Order 12898 signed by President Clinton required the United States Environmental Protection Agency (EPA) and other federal agencies to "collect, maintain and analyze information assessing and comparing environmental and human health risks borne by populations identified by...

 

Adobe PDFYou got the Vapors!
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 7, 2015, previously published on July 30, 2015
The phrase “I have the vapors” has taken on a variety of definitions over the last 200 years or so. A century ago it was known as ''a disease of nervous disability in which strange images seem to float hazily before the eyes, or appear as if real . . . the blues': a term much affected...

 

Adobe PDFSupreme Court Sets Limits on EPA’s Power to Regulate
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
August 7, 2015, previously published on July 30, 2015
In Michigan v. EPA, 135 S. Ct. 2699 (2015), the Supreme Court addressed whether the Environmental Protection Agency (EPA) acted unreasonably when it deemed cost irrelevant to its decision to regulate fossil fuel-fired power plants under section 112(n)(1)(A) of the Clean Air Act, 42 U.S.C. §...

 

Adobe PDFPRP Avoids Joint and Several Liability by Proving the Divisibility Defense
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
In U.S. v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), a federal district court held that a potentially responsible party (PRP) established that environmental harm at a Superfund site was divisible, so the PRP was not found to be jointly and severally liable under Section 107 of the...

 

Adobe PDFFourth Circuit Confirms Significance of Party Intent in Determining CERCLA Arranger Liability
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
On March 20, 2015, the Fourth Circuit in Consolidation Coal Co. v. Georgia Power Co., No. 13-1603 (4th Cir. 2015) held that an electric utility did not have the requisite intent to dispose of hazardous substances to qualify as an "arranger" under the Comprehensive Environmental Response,...

 

Adobe PDFNinth Circuit Upholds EPA’s Correction of State Implementation Plan Approval
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) works with the states pursuant to a model of cooperative federalism to achieve the CAA’s goals of protecting and enhancing the quality of the Nation’s air resources. The CAA delegates the primary responsibility for...

 

Adobe PDFPRPs Qualifying for Contribution Claims May Not Bring Cost Recovery Claims
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
In PCS Nitrogen, Inc. v. Ross Development Corp., No. 2:14-4252 (May 8, 2015), a district court held that a corporation subject to a unilateral administrative order (UAO) in connection with cleanup of a Superfund site may seek contribution under Section 107, and not 113, of the Comprehensive...

 

Adobe PDFAllegations of a Discharge to Navigable Water Plus Allegations of an Injury Equals a Possible Clean Water Act Citizen Suit
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
In San Francisco Herring Association v. Pacific Gas and Electric Co. (N.D. Cal. 2015) 2015 WL 959420, the court concluded that a plaintiff can establish standing in a Clean Water Act citizen suit despite the allegation of an injury directly related to the navigable water at issue. The case arises...

 

Adobe PDFIn the Service Kings, Court Pulls Some of CEQA’s Teeth
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
The Third District Court of Appeal’s decision in Saltonstall v. City of Sacramento, 234 Cal.App.4th 549 (2015) upheld the sufficiency of the Environmental Impact Report (EIR) for a new arena to house the Sacramento Kings. The court’s assessment of the selected alternatives is either...

 


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