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Adobe PDFFourth Circuit Confirms Significance of Party Intent in Determining CERCLA Arranger Liability
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
On March 20, 2015, the Fourth Circuit in Consolidation Coal Co. v. Georgia Power Co., No. 13-1603 (4th Cir. 2015) held that an electric utility did not have the requisite intent to dispose of hazardous substances to qualify as an "arranger" under the Comprehensive Environmental Response,...

 

HTMLD.C. Circuit Orders EPA to Fix Cross-State Pollution Rule
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 6, 2015, previously published on August 5, 2015
The 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.

 

Adobe PDFPRPs Qualifying for Contribution Claims May Not Bring Cost Recovery Claims
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
In 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...

 

Adobe PDFFinal Clean Power Plan Released; Significant Changes Will Not Ward Off Legal Challenges
Jay Holloway, Susan G. Lafferty, W. Henry Parkman, James A. Thompson, Liz Williamson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 6, 2015, previously published on August 4, 2015
On August 3, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule regulating carbon emissions from existing power plants (Clean Power Plan). In nine months, EPA waded through more than four million public comments and formulated the final rule. EPA retained some of...

 

HTMLDowneast LNG Files Draft Resource Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 6, 2015, previously published on August 5, 2015
Downeast LNG has filed Draft Resource Report No. 1 (General Project Description) with FERC as part of the pre-filing environmental review for its proposed LNG import/export terminal in Robbinston, Maine. The report projects a January 2021 completion date for terminal construction.

 

Adobe PDFPRP Avoids Joint and Several Liability by Proving the Divisibility Defense
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
In U.S. v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), a federal district court held that a potentially responsible party (PRP) established that environmental harm at a Superfund site was divisible, so the PRP was not found to be jointly and severally liable under Section 107 of the...

 

Adobe PDFAllegations of a Discharge to Navigable Water Plus Allegations of an Injury Equals a Possible Clean Water Act Citizen Suit
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
In San Francisco Herring Association v. Pacific Gas and Electric Co. (N.D. Cal. 2015) 2015 WL 959420, the court concluded that a plaintiff can establish standing in a Clean Water Act citizen suit despite the allegation of an injury directly related to the navigable water at issue. The case arises...

 

Adobe PDFNinth Circuit Upholds EPA’s Correction of State Implementation Plan Approval
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) works with the states pursuant to a model of cooperative federalism to achieve the CAA’s goals of protecting and enhancing the quality of the Nation’s air resources. The CAA delegates the primary responsibility for...

 

HTMLStudy Shows Asbestos-Death Numbers and Rates at State and County Levels
Brayton Purcell LLP;
Legal Alert/Article
August 5, 2015
What do states as diverse as Delaware, Maine, Montana, Pennsylvania, Washington and West Virginia have in common? Unfortunately, they have the highest death rates from asbestos-related causes, a shocking 50 to 100 percent higher than the average nationwide, according to a new study by Asbestos...

 

HTMLPotential Erosion of the Distinction Between Benefits Denials and Breach of Fiduciary Duty under ERISA in the Tenth Circuit
Suzanne M. Meintzer, Henry L. Solano; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 5, 2015, previously published on July 23, 2015
A recent decision from a federal district court in the Tenth Circuit provides an example of the potential erosion of the distinction between claims for wrongful denial of benefits and breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA), following the Sixth...

 


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