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|Maryland Court Reconsiders a Company’s Duty to Warn of Asbestos-containing Replacement Parts It Did Not Manufacture or Otherwise Introduce into the Stream of Commerce|
Helyna M. Haussler, Carolyn F. O'Connor; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 1, 2014, previously published on October 22, 2014Maryland’s Court of Special Appeals recently reconsidered the duty to warn of asbestos-containing replacement parts that the defendants did not manufacture or place in the stream of commerce in Philip Royce May v. Air & Liquid Systems Corp., et al, No. 2670 (Md. App. Oct. 3, 2014). The...
|Supreme Court Denies Certiorari to Bell v. Cheswick Generating Station, Allowing for State Law Air Pollution Tort Claims to Co-Exist with the Clean Air Act|
Hubert T. Lee; Morris Polich & Purdy LLP;
October 31, 2014, previously published on October 8, 2014On June 2, 2014, the Supreme Court denied certiorari for a petition filed by Cheswick Generating Station (Cheswick), a coal-fired power plant in West Pennsylvania. GenOn Power Midwest, L.P. v. Bell, 134 S. Ct. 2696 (2014). Cheswick had petitioned the Supreme Court to hear its arguments after the...
|Ninth Circuit Issues a Head-Shaker in a Clean Air Act Permitting Case Supporting EPA’s Failures|
Summer L. Nastich; Morris Polich & Purdy LLP;
October 31, 2014, previously published on October 8, 2014In an opinion likely to strike terror in the hearts of would be permit-seekers, the Ninth Circuit held in Sierra Club v. EPA, --- F.3d --- (9th Cir. 2014) (2014 WL 3906509) that the EPA cannot grandfather a permit to build a power plant, even though grandfathering was necessary only because of the...
|Environmental Appeal Board Punishes Appellant for Bad Behaviour|
Nicholas Hughes; McCarthy Tétrault LLP;
October 28, 2014, previously published on October 21, 2014On September 15, 2014, the British Columbia Environmental Appeal Board (Board), in a rare exercise of its powers, awarded costs against an appellant in Seaspan ULC v. Director, Environmental Management Act, Decision Nos. 2010-EMA-005(c) and 2010-EMA-006(c). In a comprehensive 43-page decision, the...
|California Enacts Comprehensive Groundwater Management Legislation|
Jolie-Anne S. Ansley, Thomas M. Berliner, Colin L. Pearce; Duane Morris LLP;
October 28, 2014, previously published on October 15, 2014On September 16, 2014, California Governor Jerry Brown signed into law a historic package of three bills—Senate Bill 1168, Senate Bill 1319 and Assembly Bill 1739—instituting comprehensive groundwater management in California. The legislation represents perhaps the most significant...
|An Appeal To The City Council Fails To Wash Away All CEQA Sins. Consideration Of Historical Resources In A Negative Declaration Falls Under The Substantial Evidence Test, Not The Fair Argument Test|
William W. Abbott; Abbott & Kindermann, LLP;
October 23, 2014, previously published on September 23, 2014The courts have been clear: the decisionmaking body has to consider the CEQA document before taking action to granting a discretionary approval. A recent court decision examines a variation on that practice when the approving body approved the CEQA document, but lacked the authority under the local...
|Above Ground Storage Tank Act|
Roger G. Hanshaw; Bowles Rice LLP;
October 22, 2014, previously published on April 25, 2014On April 1, 2014, Governor Earl Ray Tomblin signed into law Senate Bill 373, the "Above Ground Storage Tank Act" adopted by the West Virginia Legislature in the 2014 regular session. The Above Ground Storage Tank Act (the "Act") contains provisions that will impact business in...
|It Says It's A "Project" EIR. You Say It Should Be A "Program" EIR. Does The Label Even Matter?|
Glen C. Hansen; Abbott & Kindermann, LLP;
October 20, 2014, previously published on September 24, 2014In Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, the Court of Appeal for the First Appellate District held that the environmental impact report for the comprehensive plan to redevelop Treasure Island and Yerba Buena Island in the San...
|Two Studies Suggest Fracking Is Safe|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
October 18, 2014, previously published on October 15, 2014Hydraulic fracturing, or fracking, is loudly and frequently blamed for contaminating water supplies. However, a new study by the DOE casts doubt on these assertions while another study highlights the need for increased quality control in well casing and sealing.
|U.S. Supreme Court Rejects Challenge to EPA’s Authority|
Sutherland Asbill Brennan LLP;
October 16, 2014, previously published on October 9, 2014On Monday the U.S. Supreme Court denied an electric utility group’s challenge to the emissions standards for ozone pollution of the United States Environmental Protection Agency (EPA). Utility Air Regulatory Group filed a petition in April claiming that the July 2013 decision of the U.S....