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Adobe PDFASARCO Decisions Offer Lessons for the Environmental Practitioner
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In ASARCO v. Union Pacific Railroad Co. --- F.3d --- (10th Cir 2014) WL 2808249 and ASARCO v. Goodwin (2nd Cir. 2014) ---F.3d --- WL 2870117, two different Circuit Courts addressed the question of when the three-year statute of limitations on CERCLA contribution claims accrued when the plaintiff...

 

Adobe PDFAbsolute Pollution Exclusion Not a Bar to Coverage for Carbon Monoxide Poisoning in Nevada
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In Century Surety Co. v. Casino West, Inc., 329 P.3d 614, 615 (Nev. 2014), the Supreme Court of Nevada addressed the issue of whether an absolute pollution exclusion in a motel’s general liability insurance policy barred coverage for carbon monoxide poisoning. Given the prevalence of the...

 

HTMLNorth Sea M&A: Recent Trends
Danielle Beggs, Sam Boileau, Jeremy Cohen, Humphrey Douglas, Martin Kitchen; Dentons Canada LLP;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
The offshore oil and gas industry in the North Sea is experiencing a defining period in its history.

 

Adobe PDFAs Water Flows, So Does the Reach of the Government: The Clean Water Act
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
The great political orator Woody Allen once said, “I believe there's something out there watching over us. Unfortunately, it's the government.” In terms of the jurisdiction of the United States government over environmental conditions, a cynic like Mr. Allen has foretold the current...

 

Adobe PDFSubrogation and CERCLA Section 107: A Possible Circuit Split in the Making
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
Recently, in Blue Tee Corp. v. XTRA Intermodel, Inc. (“Blue Tee”), 2014 WL 2061590 (S.D. Ill. May 19, 2014), the United States District Court for the Central District of Southern Illinois held that an insurer, as a subrogee of the current owner of contaminated property, may maintain a...

 

Adobe PDFFifth Circuit Rules for Texas Commission on Environmental Quality in Whooping Cranes Matter
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In Arkansas Project v. Shaw, plaintiff, The Arkansas Project, sought to require the Texas Commission on Environmental Quality (TCEQ) to obtain an incidental take permit for whooping cranes, a species listed as endangered under the federal Endangered Species Act (ESA). The Arkansas Project alleged...

 

Adobe PDFFourth Circuit Rules That Dischargers Must Disclose Whether They Will Discharge Listed Pollutants in NPDES Permit Applications to Obtain the Permit Shield Defense
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
On July 11, 2014, the Fourth Circuit, in Southern Appalachian Mountain Stewards v. A&G Coal Corp. (“Southern Appalachian”) (No. 13-2050), upheld a district court’s decision that A&G Coal Corp. (“A&G”) was not entitled to the permit shield defense because A&G never...

 

HTMLEPA Preliminarily Approves Plan to Keep Arizona Coop Plant Open
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
The U.S. Environmental Protection Agency (EPA) has preliminarily approved a plan proposed by Arizona Electric Power Cooperative (AEPCO) to upgrade a power plant to lower emissions, keep the plant operating, and save hundreds of jobs. Congressman Ron Barber is recognized as leading negotiations...

 

HTMLKentucky Coop Plans to Deactivate Coal Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
East Kentucky Power Cooperative will continue deactivating its coal-fired Dale Station power plant with complete shutdown expected by April 2015. Subject to regulatory approval, ash waste from the site will be transported to an ash landfill. The plant will be placed in indefinite storage to comply...

 

HTMLTenth Circuit Stays EPA’s Rejection of Wyoming’s Regional Haze Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 10, 2014
The U.S. Court of Appeals for the Tenth Circuit has stayed the U.S. Environmental Protection Agency’s rejection of part of Wyoming’s plan for addressing regional haze. The stay was sought by the State of Wyoming, Basin Electric Power Cooperative, and PacifiCorp. The court also granted...

 


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