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Adobe PDFEPA's CO2 Rule and 18 States' Resolutions and Legislation
Raymond L. Gifford, Matthew S. Larson, Gregory E. Sopkin; Wilkinson Barker Knauer, LLP;
Legal Alert/Article
August 29, 2014, previously published on August 2014
18 state legislatures passed either legislation or resolutions that EPA has rejected in its CO2 Emission Guidelines. The states demanded that the EPA respect state primacy in setting performance standards under Section 111(d) and/or allow the state maximum flexibility to implement carbon standards,...

 

HTMLThe Third DCA Turns Off The Lights and Directs A More Thorough Energy Analysis Be Prepared For Regional Shopping Center Project
Katherine J. Hart; Abbott & Kindermann, LLP;
Legal Alert/Article
August 28, 2014, previously published on August 13, 2014
In California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173, the Court of Appeal, Third District, held the City of Woodland’s (City) programmatic environmental impact report (EIR) was invalid on the following three grounds: (1) it failed to provide sufficient...

 

HTMLMDE Accepting Rental Property Registration Applications
Gordon Feinblatt LLC;
Legal Alert/Article
August 27, 2014, previously published on August 2014
As of January 1, 2015, owners of rental properties built before 1978 are required to register them with the Maryland Department of the Environment (MDE). Before that date, owners of rental properties built before 1950 were required to register them with the MDE and to comply with a lead paint risk...

 

Adobe PDFThe Wait is Over: A Party Can Now File a Contribution Claim Prior to the Completion of a Cleanup
Deborah A. Kelly, Heidi S. Minuskin, Michelle D. Murphy; Coughlin Duffy LLP;
Legal Alert/Article
August 27, 2014, previously published on August 6, 2014
One of the most valuable tools in a responsible party’s arsenal, a contribution claim, can now be used to take immediate action against other potentially responsible parties for damages at contaminated sites in New Jersey. This important tool ensures that parties do not pay more than their...

 

HTMLBrazilian Superior Court of Justice Recognizes Environmental Product Liability
Luiz Gustavo Bezerra, Gedham Medeiros Gomes, Gabriela Mello; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 22, 2014
The Brazilian Superior Court of Justice (STJ) has published a decision recognizing, for the first time, the environmental product liability of manufacturers of potentially polluting products.

 

HTMLGreen Building Code Changes in Baltimore City Could Impact Building Modifications
Margaret M. Witherup; Gordon Feinblatt LLC;
Legal Alert/Article
August 27, 2014, previously published on August 2014
A bill now under consideration by the Baltimore City Council could make it more difficult to make modifications of many existing non-residential and multifamily buildings and to obtain exceptions based on cost, feasibility, or historic nature of the building.

 

HTMLImproper Asbestos Removal at School for the Blind Site
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 26, 2014, previously published on August 18, 2014
The Environmental Protection Agency (EPA) is currently investigating the possibility of improper asbestos removal at the site of the former Michigan School for the Blind. The investigation has followed after Michigan construction company, MAC Contracting, LLC, was accused of improperly and unsafely...

 

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...

 

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...

 


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