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Adobe PDFCalifornia Revisions to the Already Stringent Health Risk Assessment Guidelines
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
On March 6, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) revised its Guidance Manual for Preparation of Health Risk Assessments (HRA), making the characterization of exposure risks to children from air toxics more stringent. By setting guidelines and risk...

 

Adobe PDFEPA Updates Financial Assurance Requirements for CERCLA Settlements and UAO
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
On April 6, 2015, the U.S. Environmental Protection Agency (EPA) issued a Guidance on Financial Assurance (the FA guidance) in Superfund Settlements and Orders to instruct regional and enforcement personnel on how to adapt financial assurance (FA) requirements to specific Comprehensive...

 

Adobe PDFEPA Releases Hundreds of Pages to Explain What “Waters of the United States” Means
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
The Cuyahoga River in Ohio is famous for catching fire a recorded number of 13 times since 1867. So, the fire on June 22, 1969, was no earthshaking event. However, this fire caught the attention of Time magazine, which described the Cuyahoga as the river that "oozes rather than flows" and...

 

Adobe PDFNinth Circuit Looks to Practical Effect of Clean Air Act Challenge to Determine Proper Forum
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
In 2008, the California Air Resources Board (CARB) adopted a regulation requiring heavy-duty diesel trucks to be upgraded with pollution filters and lower emission engines. The regulation was to be incorporated into California’s State Implementation Plan (SIP) to help meet EPA’s...

 

Adobe PDFCERCLA, Lone Pine Orders, and Daubert Motion
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
In Asarco LLC v. NL Industries, Inc., 2015 WL2453491, the United States District Court for the Eastern District of Missouri issued a Lone Pine order in a case for contribution under Section 113 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). As the court noted,...

 

Adobe PDFThe Environmental Protection Agency/Army Corps Of Engineers Waters Of The United States Rule (May 27, 2015)
Stanley A. Millan; Jones Walker LLP;
Legal Alert/Article
June 24, 2015, previously published on May 29, 2015
This new final rule covers Clean Water Act regulatory jurisdiction, including programs on oil discharges, hazardous substance discharges and reportable quantities, National Pollutant Discharge Elimination System “end of the pipe” discharges, and wetlands. Wetlands are the most...

 

Adobe PDFThe EPA’s “Guidance on Considering Environmental Justice During the Development of Regulatory Actions” and the Potential Effect on the Regulated Community
Michael A. Chernekoff, Susan Floyd King; Jones Walker LLP;
Legal Alert/Article
June 24, 2015, previously published on June 9, 2015
On May 29, 2015, the U.S. Environmental Protection Agency (EPA) recently released its “Guidance on Considering Environmental Justice During the Development of Regulatory Actions.”1 This new guide is a companion document to the EPA’s “Draft Technical Guidance for Assessing...

 

Adobe PDFAppeals Court Requires State Implementation Plan to include all Emissions Standards Relied Upon to Meet Its Goal
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
The Clean Air Act (CAA) establishes a cooperative federalism regime in which the Environmental Protection Agency (EPA) sets required air quality standards, while the state is a primary actor in creating plans to achieve them. The CAA protects the nation’s air quality by authorizing the EPA to...

 

Adobe PDFAll Appropriate Inquiries: Update on the Environmental Due Diligence Standard
Mark E. Mercer; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
June 24, 2015, previously published on Spring 2015
Environmental due diligence is a critical aspect of any project involving a transfer of real estate. Conducting a compliant Phase I Environmental Site Assessment is typically the first step in that process. This article explains how the Phase I became an industry standard for making “all...

 

HTMLA Year After Waldburger, Are Lower Courts Ready to Dump CERCLA's Broad Remedial Purpose?
Colin G. Van Dyke; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 16, 2015
In the Winter 2015 issue of the ABA’s Natural Resources & Environment magazine, John Barkett retraced the Supreme Court’s treatment of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) from Key Tronic to Waldburgerand, looking back over that...

 


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