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Documents on toxic torts
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|Connecticut Transfer Act: Environmental Due Diligence in Commercial Real Estate|
Michael C. Sorensen; Hinckley, Allen & Snyder LLP;
July 29, 2009, previously published on July 2009Investing in real property for the purpose of leasing to commercial tenants can be a lucrative endeavor for the diligent real estate investor. However, much of the profit anticipated by the investor/landlord can easily be lost to the cost of investigating and remediating hazardous waste...
|District Court: Indian Tribes Not Subject to CERCLA Liability|
Padraic I. McCoy, Megan Farooqui; Faegre & Benson LLP;
July 28, 2009, previously published on July 9, 2009 The United States District Court for the Eastern District of Washington held on June 19 in Pakootas et al. v. Teck Cominco Metals et al., Case No. CV-04-256-LRS, that Indian tribes are not "persons" subject to liability under the Comprehensive Environmental Response, Compensation, and...
|Spoliation Defeats Innocent Landowner's CERCLA Claim|
William A. Ruskin; Epstein Becker & Green, P.C.;
July 27, 2009, previously published on July 10, 2009 Innis Arden Country Club is a well-run country club located on beautiful acreage in Old Greenwich, CT. that has operated for over 100 years. Close friends of mine are members--the food is good, the golfers congenial, and laughing children run barefoot across the pool deck in good weather.
|Significant New Use Rule for Carbon Nanotubes Issued by USEPA|
Winston & Strawn LLP;
July 23, 2009, previously published on July 2009On June 24, 2009, the United States Environmental Protection Agency (USEPA) issued Significant New Use Rules (SNURs) for single- and multi-walled carbon nanotubes (CNTs), 74 Fed. Reg. 29982, under the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2602 et seq.
|Fluoride: Will It Be Listed under Proposition 65?|
Kurt Weissmuller, Megan K. Hey, Maureen Gorsen; Alston & Bird LLP;
July 16, 2009, previously published on June 29, 2009Fluoride was recently designated as a high-priority chemical for further scientific review into its potential health impacts by California, and for possible listing under Proposition 65.
|Chinese Drywall Litigation Heating Up|
Nancy Sher Cohen, Joshua J. Pollack, Ronald Valenzuela; Proskauer Rose LLP;
July 14, 2009, previously published on July 2009On June 15, 2009, the United States Judicial Panel on Multidistrict Litigation consolidated ten "Chinese drywall" actions in the United States District Court for the Eastern District of Louisiana.
|Supreme Court Decides Travelers Indemnity Co. v. Bailey|
Faegre & Benson LLP;
July 10, 2009, previously published on June 18, 2009 Asbestos litigation has forced many companies into bankruptcy since the 1980s, leaving plaintiffs to search for additional sources of recovery. From the 1920s to the 1970s, the Johns-Manville Corporation was the country's largest supplier of raw asbestos and manufacturer of asbestos-containing...
|Ontario Toxics Reduction Act to Regulate Use and Creation of Toxic Substances in Ontario|
C. W. Daniel Kirby, Jack D. Coop, Ian Osellame; Osler, Hoskin & Harcourt LLP;
July 2, 2009, previously published on June 18, 2009On June 5, 2009, the Toxics Reduction Act, 2009 (TRA) received Royal Assent. The TRA is intended to reduce the use and creation of toxic substances in Ontario industrial facilities and inform Ontarians about toxic substances.
|Oklahoma Passes Significant Tort Reform Legislation|
Craig T. Liljestrand, Paul M. Markese; Hinshaw & Culbertson LLP;
June 29, 2009, previously published on June 18, 2009 The State of Oklahoma recently passed sweeping tort reform legislation, which according to Gov. Brad Henry (D), "[e]nacts reasonable and responsible reforms that improve the civil justice system without impairing a citizen's constitutional right to have his or her legitimate grievances...
|California Supreme Court Rules on the Effect of Concurrent Causation in Coverage Cases Involving Indivisible Damage from Pollution|
William K. Enger, Gregory K. Lee; Wilson Elser Moskowitz Edelman & Dicker LLP;
June 22, 2009, previously published on May 2009In its March 9, 2009 ruling in State of California v. Underwriters at Lloyd's London et al. (S149988) ("Underwriters"), the California Supreme Court, which is the highest court in that state, handed down a significant ruling for insurers and insureds litigating coverage for environmental...