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|Ohio Supreme Court Rules on Ohio Dormant Minerals Act Case: Chesapeake Exploration, LLC. et al. v. Buell et al., 2015-Ohio-4551|
Pamela A. Bolton, Alexandra K. McCluskey; Leech Tishman;
November 27, 2015, previously published on November 10, 2015On November 5, 2015, the Supreme Court of Ohio ruled on its second case concerning the Ohio Dormant Minerals Act, O.R.C. 5301.56 (the “ODMA”) in Chesapeake Exploration, L.L.C. et al., v. Buell et al., 2015-Ohio-4551.
|Coal Ash Ponds Threaten Health of Residents Nearby|
Waters Kraus LLP;
November 26, 2015, previously published on November 6, 2015Many Americans were reminded of the dangers of coal ash in 2014 when a Duke Energy power plant in North Carolina dumped 39,000 tons of the ash into the Dan River. Coal ash is the waste generated by coal-fueled power generation plants. Opinions are sharply divided on the toxicity of coal ash, which...
|Role of Shorter Mineral Fibers in Causing Mesothelioma|
Waters Kraus LLP;
November 26, 2015, previously published on November 13, 2015Shorter mineral fibers — like chrysotile asbestos fibers — are toxic and should not be overlooked when studying the cause of mesothelioma and other lung diseases, believed Philip Cook, a former scientist with the U.S. Environmental Protection Agency (EPA).
|U.S. Senate Passes Resolutions to Repeal Clean Power Plan|
Sutherland Asbill Brennan LLP;
November 20, 2015, previously published on November 19, 2015The United States Senate has approved two resolutions that express formal congressional disapproval of two rules promulgated by the Environmental Protection Agency limiting carbon emissions from new and existing power plants, including the controversial Clean Power Plan. The White House has...
|GOP Eyes Dodd-Frank and EPA|
McDonald Hopkins LLC;
November 10, 2015, previously published on November 6, 2015Between now and December 11, Democrats and Republicans in both chambers are tasked with passing a massive year-end spending bill. While Democrats are taking the position that this spending bill should be a "clean bill," meaning one without policy riders, Republicans in both chambers are...
|Senate Votes to Block Waterways Regulation|
McDonald Hopkins LLC;
November 10, 2015, previously published on November 6, 2015On Wednesday, the Senate voted to block a new Obama regulation regarding federal authority over small waterways. The 53 to 44 vote - which saw three Democrats join all but one Republican - could block the rule from being implemented. That is unlikely, however, considering President Obama’s...
|District Court Preliminarily Enjoins Expansive Definition of “Water of the United States” under Clean Water Act|
Ryan C. McKim; Morris Polich & Purdy LLP;
November 6, 2015, previously published on October 29, 2015In 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”)...
|D.C. Circuit Upholds EPA’s Revised Rules on Hexavalent Chromium Emissions|
Christopher G. Foster; Morris Polich & Purdy LLP;
November 6, 2015, previously published on October 29, 2015In 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...
|Solving the Issue of Pharmaceuticals in Water is Physiologically Impossible|
Steven L. Hoch; Morris Polich & Purdy LLP;
November 6, 2015, previously published on October 29, 2015On 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...
|Texas 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;
November 6, 2015, previously published on October 29, 2015On 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...