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HTMLDTSC Releases Draft Initial Priority Product Work Plan
Bergeson Campbell P.C.;
Legal Alert/Article
September 19, 2014
On September 12, 2014, the California Department of Toxic Substances Control (DTSC) released its much anticipated draft Initial Priority Product Work Plan under the Safer Consumer Products Regulations. The Regulations require that DTSC, by October 2014, develop an Initial Priority Product Work Plan...

 

HTMLSpray Drift and Volatilization: Issues to Navigate Carefully as EPA Develops Registration Review Decisions
Bergeson Campbell P.C.;
Legal Alert/Article
September 19, 2014
Spray drift and volatilization issues increasingly are significant issues in pesticide product risk assessments. Earlier this year, the U.S. Environmental Protection Agency (EPA) issued drafts of key guidance documents, which focused on issues that were key in the chlorpyrifos petition response,...

 

HTMLWhat Happens Next to Earthjustice's Demand for CBI Reassertion and Resubstantiation?
Herbert Estreicher, Eric P. Gotting, Martha E. Marrapese; Keller and Heckman LLP;
Legal Alert/Article
September 18, 2014, previously published on September 16, 2014
The designation and treatment of Confidential Business Information (“CBI”) is frequently at the center of the Toxic Substances Control Act (“TSCA”) reform debate. One issue receiving increased attention is whether chemical companies should be required to reassert or...

 

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 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...

 

HTMLNorth Sea M&A: Recent Trends
Danielle Beggs, Sam Boileau, Jeremy Cohen, Humphrey Douglas, Martin Kitchen; Dentons Canada LLP;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
The offshore oil and gas industry in the North Sea is experiencing a defining period in its history.

 

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 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...

 


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