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Adobe PDFProposition 65 “Warnings” Website Goes Live
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
The Office of Environmental Health Hazard Assessment (OEHHA), the agency that administers California’s Proposition 65, has inaugurated a website containing a wide array of information regarding Prop 65, the law requiring clear and reasonable warnings before exposing any person to chemicals...

 

Adobe PDFCalifornia Proposes Adopting New Permit Program for Wetlands and Waters of the State
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
On June 17, 2016, the State Water Resources Control Board (State Board) proposed adoption of amendments to various regulations relating to discharges of dredged or fill material to waters of the state that are not protected by the federal Clean Water Act (CWA). The State Board also published a...

 

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 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...

 

Adobe PDFIn an Effort to Harmonize, Modernize, EPA Proposes Amendments to NPDES Regulations
Steven L. Hoch, Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
On May 18, 2016, the United States Environmental Protection Agency (USEPA) published a number of proposed amendments to the National Pollutant Discharge Elimination System (NPDES) regulations it believes will address the NPDES application, permitting, monitoring, and reporting requirements that...

 

Adobe PDFWhen Grammar Fails, Common Sense Prevails: So Holds a Texas Federal Court in a Recent Arranger Liability Case
Ariana N. Sarabia; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In MEMC Pasadena, Inc. v. Goodgames Industrial Solutions, LLC, 143 F. Supp. 3d 570 (S.D. Texas 2015), Plaintiff MEMC Pasadena, Inc. (“MEMC”), a silicon wafer manufacturer, brought an action against its waste disposal broker, Goodgames Industrial Solutions, LLC (“GIS”)...

 

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 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 PDFThe First Circuit Circumscribes the Clean Water Act’s Citizen Enforcement Provisions
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In a July 18, 2016, opinion, the First Circuit Court of Appeals affirmed the U.S. District Court for the District of Rhode Island’s decision for defendants in a citizen enforcement action brought under the Clean Water Act (CWA). Paolino v JF Realty LLC 2016 WL 3878158 (1st Cir. 2016). The...

 

HTMLIn Case You Missed It, A New Act Amends Wisconsin’s Managed Forest Law
Evie M. Hightower; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 19, 2016, previously published on August 17, 2016
On April 14, 2016, Governor Scott Walker signed into law Wisconsin Senate Bill 434, a bill that significantly amends the Managed Forest Law (Sections 77.80 to 77.91, Wis. Stats.), thereby enacting the 2015 Wisconsin Act 3581 (the Act). Wisconsin legislators created the Managed Forest Law (MFL)...

 


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