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HTMLOhio 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;
Legal Alert/Article
November 27, 2015, previously published on November 10, 2015
On 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.

 

HTMLCoal Ash Ponds Threaten Health of Residents Nearby
Waters Kraus LLP;
Legal Alert/Article
November 26, 2015, previously published on November 6, 2015
Many 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...

 

HTMLRole of Shorter Mineral Fibers in Causing Mesothelioma
Waters Kraus LLP;
Legal Alert/Article
November 26, 2015, previously published on November 13, 2015
Shorter 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).

 

HTMLU.S. Senate Passes Resolutions to Repeal Clean Power Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 20, 2015, previously published on November 19, 2015
The 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...

 

HTMLGOP Eyes Dodd-Frank and EPA
McDonald Hopkins LLC;
Legal Alert/Article
November 10, 2015, previously published on November 6, 2015
Between 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...

 

HTMLSenate Votes to Block Waterways Regulation
McDonald Hopkins LLC;
Legal Alert/Article
November 10, 2015, previously published on November 6, 2015
On 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...

 

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 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 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 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...

 


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