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HTMLJudge Grants Dismissal of Oregon LNG Challenge to the Army Corps of Engineers
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 3, 2015, previously published on September 2, 2015
The Daily Astorian reports that a U.S. District Court of Oregon judge has adopted a magistrate judge’s findings and granted the U.S. Army Corps of Engineers’ (ACE) motion to dismiss Oregon LNG’s lawsuit. Oregon LNG filed suit last year to challenge ACE’s easement rights to...

 

Adobe PDFUnderground Storage Tanks - Who Ever Thought of That?
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
Most people buying gasoline have only a vague idea of where the gas that flows through the pump comes from. Likely they think there is a tank underground somewhere that dispenses the magic elixir that makes their cars able to go to the mall, drive for a hamburger at some fast food joint, or to sit...

 

HTMLUpdate on New Clean Water Act Rule
James W. Potter; Nexsen Pruet, LLC;
Legal Alert/Article
September 2, 2015, previously published on August 28, 2015
On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take effect). North Dakota et al v. U.S. Environmental Protection Agency et...

 

Adobe PDFCourt of Appeals Rejects the EPA’s “One Size Fits All” Plan for Cross-State Air Pollution
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
Under the Clean Air Act (Act), individual states are responsible for ensuring attainment within their states of federal air quality standards. Unfortunately, air pollution is “heedless of state boundaries.” The Act’s “good neighbor” provision speaks to that problem by...

 

Adobe PDFNinth Circuit Facilitates Removal of Environmental Tort Cases
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In ruling that a tort mass action against The Boeing Company (“Boeing”) and an environmental contractor did not fall under the “local event” exception of the Class Action Fairness Act (CAFA), the Ninth Circuit held that the case had been properly removed to federal court,...

 

Adobe PDFNinth Circuit Tells the EPA Enough is Enough
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
The Federal Environmental Protection Agency (EPA) is responsible for registering all pesticides. A pesticide may be registered only if the EPA finds that it is “safe,” meaning that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide...

 

Adobe PDFDecision by a Divided New Jersey Supreme Court Protects Leaky Tank Owner and Insurers from Damages for Two-Year Delay in Addressing Contamination
Daniel Flynn; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
September 1, 2015, previously published by Greenbaum, Rowe, Smith & Davis LLP Client Alert on September 2015
The recent New Jersey Supreme Court opinion in Ross v. Lowitz, decided by a 4 to 3 vote, holds that insurers are not liable under New Jersey common law for damages caused by their extended delay in remediating property contaminated by their insured.

 

HTMLCoop Challenges EPA’s New Coal Ash Rule
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
Missouri-based Associated Electric Cooperative, Inc. is among the industry players challenging the new coal ash rule of the U.S. Environmental Protection Agency (EPA), the final version of which was published in April.

 

HTMLThe SemCrude Bankruptcy: Commodity Traders Prevail Against Related Fraud and U.C.C. Claims
Cheryl I. Aaron, Travis Cole McCullough, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
In 2008, SemCrude, L.P. and related entities (collectively, SemCrude or the Debtors) filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. In connection with the SemCrude bankruptcy, a dispute arose between dozens of oil producers (the Producers) that sold oil to...

 

HTMLWalton EMC Prevails in “Reconstruction in Substantial Kind” Georgia Territorial Act Case
Matthew J. Bowness, Benjamin C. Morgan, James A. Orr; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 25, 2015, previously published on August 25, 2015
A hearing officer of the Georgia Public Service Commission recently decided in favor of Walton EMC in a Territorial Act dispute with Georgia Power over the right to provide electric service to a CVS drugstore in Athens, Georgia. (Docket No. 34390.) The CVS was built on the site of what used to be a...

 


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