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HTMLNew Jersey Appellate Court Approves Insurance Policy Assignments to Fund Pollution Claims
Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 3, 2016, previously published on March 1, 2016
In Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co., et al, 120 A.3d 959 (App. Div. 2015), the New Jersey Appellate Division held that an assignment of rights under numerous insurance policies issued between 1964 and 1986 was enforceable and valid. The court reasoned that the insurer...

 

HTMLEnvironmental Protection Agency eDisclosure System
Kiley C. Keefe, Vincent S. Oleszkiewicz; Leech Tishman;
Legal Alert/Article
February 29, 2016, previously published on February 17, 2016
On December 9, 2015, The Environmental Protection Agency (“EPA”) introduced its new eDisclosure system in the Federal Register, Notice of eDisclosure Portal Launch: Modernizing Implementation of EPA’s Self-Policing Incentive Policies. The eDisclosure system does not modify the...

 

Adobe PDFCalifornia Supreme Court Holds That CEQA Analysis Is a One Way Street... Generally
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
February 29, 2016, previously published on February 11, 2016
The California Environmental Quality Act (CEQA) requires public agencies to conduct appropriate environmental review of discretionary projects they carry out or approve and to prepare an Environmental Impact Report (EIR) for any project that may have a significant effect on the environment. CEQA is...

 

Adobe PDFLayering Stormwater Discharge Permits and the Clean Water Act - Puget Soundkeeper Alliance v. Cruise Terminals of America Illustrates the Importance of Recognizing the Limits of a Facility’s Industrial Discharge Permits
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
On November 20, 2015, the U.S. District Court for the Western District of Washington’s decision in Puget Soundkeeper Alliance v. Cruise Terminals of America illustrates the often complex nature of stormwater discharge permitting, where facilities may need a multitude of stormwater discharge...

 

Adobe PDFLouisiana District Court Lets One of the Deepwater Horizon Parties off Easy with a Penalty of $159,500,000
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
By now the Deepwater Horizon oil release and its devastating impact on the environment and the citizens of the Gulf of Mexico is seared in all of our brains. We watched with amazement the oil pouring from the well several thousand feet below the level of the sea. In the 84 days between the...

 

Adobe PDFLike a Lead Balloon
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
By now you have heard about Flint, Michigan, where by way of arrogance, incompetence, and almost rank stupidity, many children are showing signs of lead poisoning. There is plenty of blame to go around and it seems that every day someone trips over some new event, finding something pertinent to add...

 

Adobe PDFClean Water Act Jurisdiction Over Discharges to Navigable Waters Via Hydrologically Connected Groundwater
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
In early January 2016, Duke Energy filed a motion for certification of an interlocutory appeal on the issue of whether the Clean Water Act (CWA) regulates discharges from an ash pond hydrologically connected to navigable surface waters via groundwater. Yadkin Riverkeeper Inc. et al. v. Duke Energy...

 

Adobe PDFCost of Recovering Sunk Oil Barrels Not Covered Under Pollution Endorsement Where Barrels did not Leak Oil into Ocean
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The Ninth Circuit held that a pollution endorsement in an ocean marine liability policy that covered the “discharge, dispersal, release, or escape” of pollutants did not include the insured's clean-up costs where no contaminants had leaked into the environment.

 

Adobe PDFSummary Judgment for a CERCLA Contribution Defendant - is it Appropriate Action when Their Share of Liability is 0%?
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 11, 2016
Although Blue Tee Corp. v. XTRA Intermodal, Inc. (S.D. Ill. 2015) WL 8007429 isn’t all that interesting by itself, it raises an interesting and unresolved issue in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) law. Specifically, is summary judgment...

 

Adobe PDFOPA’s Expansive Definition of “Responsible Party”
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 11, 2016
The Oil Pollution Act (OPA) places the burden of cleanup on those responsible for oil spills. In a recent decision, the U.S. District Court for the Eastern District of Texas held that the OPA’s definition of “responsible party” does not, as a matter of law, exclude former owners...

 


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