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Documents on toxic torts
 

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Adobe PDFConnecticut Transfer Act: Environmental Due Diligence in Commercial Real Estate
Michael C. Sorensen; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 29, 2009, previously published on July 2009
Investing 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...

 

HTMLDistrict Court: Indian Tribes Not Subject to CERCLA Liability
Padraic I. McCoy, Megan Farooqui; Faegre & Benson LLP;
Legal Alert/Article
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...

 

HTMLSpoliation Defeats Innocent Landowner's CERCLA Claim
William A. Ruskin; Epstein Becker & Green, P.C.;
Legal Alert/Article
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.

 

Adobe PDFSignificant New Use Rule for Carbon Nanotubes Issued by USEPA
Winston & Strawn LLP;
Legal Alert/Article
July 23, 2009, previously published on July 2009
On 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.

 

Adobe PDFFluoride: Will It Be Listed under Proposition 65?
Kurt Weissmuller, Megan K. Hey, Maureen Gorsen; Alston & Bird LLP;
Legal Alert/Article
July 16, 2009, previously published on June 29, 2009
Fluoride 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.

 

Adobe PDFChinese Drywall Litigation Heating Up
Nancy Sher Cohen, Joshua J. Pollack, Ronald Valenzuela; Proskauer Rose LLP;
Legal Alert/Article
July 14, 2009, previously published on July 2009
On 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.

 

HTMLSupreme Court Decides Travelers Indemnity Co. v. Bailey
Faegre & Benson LLP;
Legal Alert/Article
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...

 

Adobe PDFOntario 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;
Legal Alert/Article
July 2, 2009, previously published on June 18, 2009
On 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.

 

HTMLOklahoma Passes Significant Tort Reform Legislation
Craig T. Liljestrand, Paul M. Markese; Hinshaw & Culbertson LLP;
Legal Alert/Article
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...

 

Adobe PDFCalifornia 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;
Legal Alert/Article
June 22, 2009, previously published on May 2009
In 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...

 


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