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Adobe PDFTexas Sides with a Majority of other States in Finding an EPA Administrative Proceeding Triggers an Insurer’s Duty to Defend, Making California’s Contrary Position an even Smaller Minority Stance
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
On June 26, 2015, the Texas Supreme Court in McGinnes Industrial Maintenance Corp. v. The Phoenix Insurance Co., No. 14-0465, (Tex., June 26, 2015) held that an EPA enforcement proceeding constitutes a “suit” that may trigger an insurer’s obligations under a Commercial General...

 

Adobe PDFD.C. Circuit Upholds EPA’s Revised Rules on Hexavalent Chromium Emissions
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
In National Association for Surface Finishing v. EPA, (Case No. 12-1459, July 21, 2015) the D.C. Circuit Court of Appeals considered a pair of challenges to a 2012 regulation promulgated by the U.S. Environmental Protection Agency (EPA), revising Clean Air Act (CAA) standards for emissions of...

 

Adobe PDFEPA Proposes New Rules under RCRA to Manage Hazardous Waste Pharmaceuticals and to Streamline Hazardous Waste Generator Regulations
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
On August 31, 2015, the U.S. Environmental Protection Agency (EPA) proposed two rules under the Resource Conservation and Recovery Act (RCRA). One proposed rule, called the “Hazardous Waste Generator Improvements Rule,” would affect how waste generators manage and comply with their RCRA...

 

Adobe PDFDistrict Court Preliminarily Enjoins Expansive Definition of “Water of the United States” under Clean Water Act
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
In North Dakota v. EPA, 2015 WL 5060744 (D.N.D. Aug. 27, 2015) (“North Dakota”), twelve states won a preliminary injunction enjoining the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (“Army Corps”) (collectively, the “Agencies”)...

 

Adobe PDFFifth Circuit Upholds Texas SIP In Déjà Vu All Over Again
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
Under the Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671q, each state must create and administer a State Implementation Plan (SIP) designed to achieve National Ambient Air Quality Standards. The SIP must include a scheme for New Source Review (NSR), which governs pre-construction permits for...

 

Adobe PDFSolving the Issue of Pharmaceuticals in Water is Physiologically Impossible
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
On September 25, 2015, the Environmental Protection Agency (EPA) published a new Pharmaceuticals Rule in the Federal Register. The EPA states that this “rule proposes a tailored, sector-specific set of regulations for the management of hazardous waste pharmaceuticals by healthcare facilities...

 

Adobe PDFSixth Circuit Issues Nationwide Stay of Clean Water Act Rule
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
On October 9, 2015, the Sixth Circuit issued a nationwide injunction against federal enforcement of a rule defining “waters of the United States” (the Rule) under the Clean Water Act. Eighteen states had sought the stay in four separate actions, which were consolidated in the Sixth...

 

HTMLLegal Challenges to Site C Dismissed 
Tim Pritchard; Borden Ladner Gervais LLP;
Legal Alert/Article
November 4, 2015, previously published on October 21, 2015
In the past few months, several applications for judicial review relating to BC Hydro's Site C Project (the “Project”) have been dismissed. These legal challenges to the Project followed the approval of its environmental assessment at both the provincial and federal levels. By way of...

 

HTMLReporting “Historical” Contamination: Recent Developments in Manitoba and Saskatchewan
Marie-Claude Bellemare, F.F. (Rick) Coburn, Luke Dineley, Michael G. Massicotte; Borden Ladner Gervais LLP;
Legal Alert/Article
November 2, 2015, previously published on October 20, 2015
Spills are reportable in all Canadian jurisdictions. However, the existence and extent of an obligation to notify regulators of the discovery of historical contamination on one's own property varies from province to province.

 

HTMLEnvironmental Appeal Board Revokes Company Water Licence
Sean Jones, Dionysios Rossi, Rick Williams; Borden Ladner Gervais LLP;
Legal Alert/Article
November 2, 2015, previously published on October 21, 2015
The British Columbia Environmental Appeal Board reversed a water licence issued to Nexen due to serious technical flaws in the scientific evidence upon which the licence was granted, as well as defects in the consultation process with the Fort Nelson First Nation.

 


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