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HTMLPR Notice 2016-X/2016-XX Labeling for Pesticide Resistance/Guidance for Herbicide Resistance Management, Labeling, Education, Training and Stewardship
Joseph A. Conti, Martha E. Marrapese, Michael T. Novak, David G. Sarvadi; Keller and Heckman LLP;
Legal Alert/Article
September 6, 2016, previously published on August 25, 2016
EPA recently released two draft PR Notices that address pesticide resistance concerns through labeling and other regulatory measures. The PR Notices are PR Notice 2016-X, “Guidance for Pesticide Registrants on Pesticide Resistant Management Labeling” and PR Notice 2016-XX, Draft...

 

HTMLU.S. Congress Reauthorizes Pipeline Safety Agency and Mandates New Pipeline Safety Requirements
Kenneth B. (Ken) Driver, Jennifer M. (Jen) Hayes; Jones Day;
Legal Alert/Article
September 1, 2016, previously published on August 2016
On June 22, 2016, President Obama signed the PIPES Act of 2016 into law.[1] The Act reauthorizes the U.S. Department of Transportation's ("DOT") Pipeline and Hazardous Materials Safety Administration ("PHMSA") through fiscal year 2019. The Act makes dozens of changes to the...

 

HTMLIndependent Scientific Panel Faults the EPA’s Landmark Hydraulic Fracturing Study
Bernadette M. Rappold; Greenberg Traurig LLP;
Legal Alert/Article
August 24, 2016, previously published on August 15, 2016
In a detailed, 180-page report released Aug. 11, the EPA’s Science Advisory Board (SAB) faulted the clarity and conclusions of the agency’s landmark study on the environmental impacts of hydraulic fracturing, the high-pressure injection of water, sand and chemicals to break open shale...

 

Adobe PDFThe Eighth Circuit Circumscribes the Clean Air Act’s Citizen Suit Provisions
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
August 23, 2016, previously published on June 22, 2016
In a June 8, 2016, opinion, the Eighth Circuit Court of Appeals affirmed the U.S.D.C. for the Eastern District of Arkansas’s decision that it lacked subject matter jurisdiction to hear a citizen suit under the Clean Air Act (CAA). Nucor Steel-Arkansas v Big River Steel LLC 2016 WL 3184491...

 

Adobe PDFCongress Sees the Light: TSCA Reformed
Ariana N. Sarabia; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In an increasingly rare bipartisan move, Congress approved a major revision of the Toxic Substances Control Act (TSCA) and sent H.R. 2576 to the Oval Office for signature. President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act into law on June 22, 2016. TSCA has not...

 

Adobe PDFSupreme Court Confirms Immediate Judicial Review of Approved Jurisdictional Wetland Delineations
Summer L. Nastich; Morris Polich Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
The Supreme Court wrote the latest chapter in the Waters of the United States book in United States Army Corps. of Engineers v. Hawkes Co., Inc. (2016) 136 S.Ct. 1807. At issue in Hawkes is whether approved jurisdictional wetlands delineations (“JDs,” not to be confused with the degrees...

 

Adobe PDFEPA Increases Civil Penalties
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
Thanks to the amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990, penalty amounts are dramatically increasing for each of the statutes that the Environmental Protection Agency administers that permit the assessment of civil penalties. The EPA’s interim final rule...

 

Adobe PDFIf You Pump Water, You May be a Polluter—Ain’t That Swell!
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
Groundwater is a precious resource and when it becomes contaminated due to decades of dumping methyl-ethyl-death (“MED”) out the back door, something has to be done. But imagine, if you will, that you are a private or public supplier of water and that part or all of your groundwater is...

 

Adobe PDFNinth Circuit Issues Wild Romp Through Esoteric But Key Aspect of CERCLA in Whittaker Corp. v. United States (2016 WL 3244838)
Summer L. Nastich; Morris Polich Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows for two types of private rights of action. A “cost recovery” action under CERCLA section 107allows for joint and several liability between the potentially responsible parties (PRPs) who are...

 

Adobe PDFFull Disclosures Are A Must When Buying Pollution Insurance For Maritime Activities
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In Fireman’s Fund Insurance Co. v. Great American Insurance Co. (2d Cir. 2016) 822 F.3d 620, the Second Circuit considered whether the maritime law doctrine of uberrimae fidei (utmost good faith) authorized Great American Insurance Company to void a pollution liability policy. The policy...

 


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