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|EPA's CO2 Rule and 18 States' Resolutions and Legislation|
Raymond L. Gifford, Matthew S. Larson, Gregory E. Sopkin; Wilkinson Barker Knauer, LLP;
August 29, 2014, previously published on August 201418 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,...
|The 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;
August 28, 2014, previously published on August 13, 2014In 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...
|MDE Accepting Rental Property Registration Applications|
Gordon Feinblatt LLC;
August 27, 2014, previously published on August 2014As 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...
|The 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;
August 27, 2014, previously published on August 6, 2014One 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...
|Brazilian Superior Court of Justice Recognizes Environmental Product Liability|
Luiz Gustavo Bezerra, Gedham Medeiros Gomes, Gabriela Mello; Mayer Brown LLP;
August 27, 2014, previously published on August 22, 2014The 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.
|Green Building Code Changes in Baltimore City Could Impact Building Modifications|
Margaret M. Witherup; Gordon Feinblatt LLC;
August 27, 2014, previously published on August 2014A 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.
|Improper Asbestos Removal at School for the Blind Site|
Katie Nealon; Brayton Purcell LLP;
August 26, 2014, previously published on August 18, 2014The 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...
|Believe It Or Not, The Clean Water Act May Actually Help You|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
August 25, 2014, previously published on August 18, 2014Most 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...
|NJ 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.;
August 22, 2014, previously published on August 1, 2014As 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...
|Ninth Circuit Questions De Minimis CERCLA Settlement and Deference to State|
Jeremy Esterkin, Denise G. Fellers, Mae Kieng Hau, Rick R. Rothman; Bingham McCutchen LLP;
August 22, 2014, previously published on August 13, 2014The 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...