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HTMLBelieve It Or Not, The Clean Water Act May Actually Help You
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
August 25, 2014, previously published on August 18, 2014
Most industrial sites have wastewater discharges, and most people know those discharges must be permitted under the Clean Water Act (CWA). What many people do not know, including some consultants, is the CWA has a "permit shield" that could protect your company or client from liability to...

 

HTMLJury Finds in Favor of Defense in Philly Benzene Case
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
In the case of Estate of David Butler v. Sunoco, March Term 2012, No. 1641, tried before Judge Rosalyn Robinson in the Philadelphia Court of Common Pleas, the jury returned a unanimous verdict in favor of the defendant, Sunoco, where it was alleged that use of the defendant's gasoline caused the...

 

HTMLNJ Supreme Court Asked to Consider Bare Metal Defense
Armand J. Della Porta, Paul C. Johnson, Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 1, 2014
As a follow up to the case of Hughes v. A.W. Chesterton, 2014 N.J. Super. LEXIS 54 (App. Div. 2014), which was reported in the May issue of Legal Update for Toxic Torts, the Plaintiff has petitioned to New Jersey to consider the issue of "whether a manufacturer, which has a duty to warn of the...

 

HTMLNinth Circuit Questions De Minimis CERCLA Settlement and Deference to State
Jeremy Esterkin, Denise G. Fellers, Mae Kieng Hau, Rick R. Rothman; Bingham McCutchen LLP;
Legal Alert/Article
August 22, 2014, previously published on August 13, 2014
The Ninth Circuit’s recent decision in Arizona v. Tucson rebuked a district court’s rubber-stamp approval of several consent decrees under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). The district court failed to adequately scrutinize the decrees...

 

HTMLSolid Waste and Water Planning Dominate 2014 Connecticut Public Acts Concerning the Environment
Christopher P. McCormack; Pullman & Comley, LLC;
Legal Alert/Article
August 21, 2014
The Connecticut General Assembly’s 2014 “short session” yielded a modest crop of public acts concerning the environment. Nevertheless, the bills introduced in the session included three sweeping initiatives with multi-year implementation horizons. Two of these passed - one to...

 

HTMLEPA Finalizes Renewable Identification Number Quality Assurance Program
Jane K. Murphy, Charles T. Wehland; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In an effort to prevent fraud that threatens to undermine the Renewable Fuel Standard ("RFS") program, and to restore faith in the trading system established to facilitate RFS compliance, the United States Environmental Protection Agency ("EPA") published final regulations for a...

 

HTMLOther 2014 Environmental and Land Use Legislation: Fracking, Brownfields, State Land Conservation, Private Easements, Wood Burning Furnaces and Running Bamboo
Christopher P. McCormack; Pullman & Comley, LLC;
Legal Alert/Article
August 21, 2014
The General Assembly passed noteworthy bills on six diverse environmental and land use subjects.

 

HTMLSolid Waste Change of Direction: “Materials Innovation and Recycling Authority”
Christopher P. McCormack; Pullman & Comley, LLC;
Legal Alert/Article
August 21, 2014
Public Act 14-94 creates a “Materials Innovation and Recycling Authority” (MIRA) as successor to the Connecticut Resource Recovery Authority (CRRA). The bill sets ambitious goals for solid waste management and recycling - most notably, to increase the rate of recycling and reuse to at...

 

HTMLCovering the Waterfront: Comprehensive Water Resources Management
Christopher P. McCormack; Pullman & Comley, LLC;
Legal Alert/Article
August 21, 2014
Public Act 14-163 authorizes the Water Planning Council, established by Conn. Gen. Stat. § 22a-33o, to prepare a comprehensive state water plan.

 

HTMLFederal Court Determines Low Levels of Carcinogens PCE and TCE Insufficient to Establish Private RCRA Cause of Action Absent Expert Testimony
John J. DiChello; Blank Rome LLP;
Legal Alert/Article
August 21, 2014, previously published on August 2014
Further underscoring the importance of expert testimony to support environmental claims, the United States District Court for the District of New Jersey in Leese v. Lockheed Martin Corp., et al., No. 11-5091 (JBS/AMD), 2014 U.S. Dist. LEXIS 110889 (D. N.J. Aug. 12, 2014), held that a plaintiff...

 


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