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|The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina|
James W. Potter; Nexsen Pruet, LLC;
August 10, 2015, previously published on August 6, 2015In Chestnut, et al v. AVX Corporation, Appellate Case 2012-212143 (S.C. Supreme Court August 5, 2014), the State Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination which did not directly impact a plaintiff’s property -...
|Fourth Circuit Finds No CERCLA “Arranger” Liability for the Sale of Used Transformers Containing PCBs|
E. Chase Dressman; Taft Stettinius & Hollister LLP;
August 7, 2015, previously published on August 4, 2015In Consolidated Coal Co. v. Georgia Power Co., 781 F.3d 129 (4th Cir. 2015), the 4th Circuit Court of Appeals held that the seller of used transformers containing PCBs had no CERCLA “arranger” liability for PCB contamination caused by the buyer of the used transformers. The 4th Circuit...
|Supreme Court Sets Limits on EPA’s Power to Regulate|
Ryan C. McKim; Morris Polich & Purdy LLP;
August 7, 2015, previously published on July 30, 2015In Michigan v. EPA, 135 S. Ct. 2699 (2015), the Supreme Court addressed whether the Environmental Protection Agency (EPA) acted unreasonably when it deemed cost irrelevant to its decision to regulate fossil fuel-fired power plants under section 112(n)(1)(A) of the Clean Air Act, 42 U.S.C. §...
|You got the Vapors!|
Steven L. Hoch; Morris Polich & Purdy LLP;
August 7, 2015, previously published on July 30, 2015The phrase “I have the vapors” has taken on a variety of definitions over the last 200 years or so. A century ago it was known as ''a disease of nervous disability in which strange images seem to float hazily before the eyes, or appear as if real . . . the blues': a term much affected...
|EPA and Corps Expand Their Jurisdiction Over Waters and Wetlands|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
August 7, 2015, previously published on July 2015Over the objections of multiple national, state, and local groups, the EPA and the Corps of Engineers have published their final rule regarding the definition of ‘waters of the United States.’ Although they claim that the new definition merely ‘clarifies’ their existing...
|EPA Announces Clean Power Plan|
Lee D. Hoffman, Frederic Lee Klein, Christopher P. McCormack, Brad N. Mondschein, Jean Perry Phillips; Pullman & Comley, LLC;
August 7, 2015, previously published on August 3, 2015On Monday August 3, 2015, the U.S. Environmental Protection Agency announced a final Clean Power Plan that it claims will cut carbon emissions from existing electric power plants by 32 percent from 2005 levels by the year 2030. These goals are even more stringent than the version of the plan...
|PUCO Staff Concludes that Columbia Gas of Ohio’s Violations of the Gas Pipeline Safety Rules Contributed to Upper Arlington Home Explosion|
Devin D. Parram; Taft Stettinius & Hollister LLP;
August 7, 2015, previously published on August 4, 2014On March 21, 2015, a home exploded in Upper Arlington, Ohio, which caused an estimated $9 million in damages to approximately 20 properties and rendered a number of homes uninhabitable. On July 24, 2015, the Public Utilities Commission of Ohio’s (“Commission”) staff filed a...
|U.S. EPA’s EJSCREEN: A Tool for Good or Evil?|
Richard E. Stultz; Morris Polich & Purdy LLP;
August 7, 2015, previously published on July 30, 2015In 1994, Executive Order 12898 signed by President Clinton required the United States Environmental Protection Agency (EPA) and other federal agencies to "collect, maintain and analyze information assessing and comparing environmental and human health risks borne by populations identified by...
|PRPs Qualifying for Contribution Claims May Not Bring Cost Recovery Claims|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
August 6, 2015, previously published on July 30, 2015In PCS Nitrogen, Inc. v. Ross Development Corp., No. 2:14-4252 (May 8, 2015), a district court held that a corporation subject to a unilateral administrative order (UAO) in connection with cleanup of a Superfund site may seek contribution under Section 107, and not 113, of the Comprehensive...
|D.C. Circuit Orders EPA to Fix Cross-State Pollution Rule|
Sutherland Asbill Brennan LLP;
August 6, 2015, previously published on August 5, 2015The U.S. Court of Appeals for the District of Columbia Circuit has ordered the U.S. Environmental Protection Agency (EPA) to fix the Agency’s Cross-State Air Pollution Rule. The Court voided the EPA’s nitrogen oxide limits and sulfur dioxide budgets for a number of states.