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May 23, 2016 0

Contribution Claims Under CERCLA Limited where Party Seeking Contribution has Settled with Federal Government

By in Environmental and Sustainability Law

A federal court in the Eastern District of Wisconsin has held that a party entering into an agreement with the federal government to settle a claim for liability under the Superfund law may only pursue a contribution claim for payments that were made under the agreement.  Under the Superfund law, defendants face joint and several […]

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May 13, 2016 0

Opponents of Clean Power Plan Seek Two Days of Oral Argument

By in Environmental and Sustainability Law

Oral arguments in the challenge to the Clean Power Plan are currently scheduled for June 2 and 3 before the US Court of Appeals for the District of Columbia.  Opponents of the Clean Power Plan are seeking two days of oral arguments, with time divided between several topics. On the first day, the parties would […]

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May 10, 2016 0

Opponents of Clean Power Plan Seek Two Days of Oral Argument

By in Environmental and Sustainability Law

Oral arguments in the challenge to the Clean Power Plan are currently scheduled for June 2 and 3 before the US Court of Appeals for the District of Columbia.  Opponents of the Clean Power Plan are seeking two days of oral arguments, with time divided between several topics. On the first day, the parties would […]

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May 3, 2016 0

States Challenge EPA’s Clean Power Plan

By in Environmental and Sustainability Law

More than two dozen states, along with industry, utility and other groups, have joined a lawsuit challenging the EPA’s Clean Power Plan.  The challengers argue that Section 111(d) of the Clean Air Act does not authorize the EPA to implement the Clean Power Plan as currently written.  The plaintiffs assert that the EPA’s rule would […]

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April 26, 2016 0

EPA Issues Guidance on Remediation at Mining Sites

By in Environmental and Sustainability Law

The U.S. EPA has issued guidance for the safe removal and remedial actions associated with hard rock mining.  The action by the U.S. EPA was taken in response to the 3 million gallon spill at the Gold King Mine in Colorado which was triggered by the US EPA’s remedial activities at the site.  The U.S. […]

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April 19, 2016 0

Former EPA Administrators Defend Clean Power Plan

By in Environmental and Sustainability Law

The U.S. EPA contends that shifting electricity generation away from coal-fired utilities as required by the Clean Power Plan (the “CPP”) constitutes a permissible system of emission reduction under the Clean Air Act (the “Act”).  Two former EPA administrators have expressed support for this interpretation, asserting that the Act was broadly worded to reflect Congress’s […]

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April 11, 2016 0

GEORGIA SUPREME COURT DECISION REGARDING POLLUTION EXCLUSION IN INSURANCE POLICY

By in Environmental and Sustainability Law

On March 21, 2016, the Georgia Supreme Court issued a decision in Georgia Farm Bureau Mutual Insurance Company v. Smith, which involved a declaratory judgment action by an insurer that it had no duty to defend or provide coverage to a landlord against a tenant’s lawsuit alleging that her daughter suffered brain damage as a […]

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April 4, 2016 0

PHMSA tightening legacy pipeline and consequence area regulations for Natural Gas Pipelines

By in Environmental and Sustainability Law

Pipeline and Hazardous Materials Safety Administration’s (PHMSA) March 16 proposed regulations for natural gas pipeline safety focuses on legacy pipe integrity. Legacy pipe is a type of pipe no longer manufactured and that PHMSA considers to have potential problems related to manufacturing imperfections.  Legacy construction techniques are historic practices no longer used for construction or […]

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March 28, 2016 0

Supreme Court Upholds $5.8 Million Judgment for Employee Time to Change Into and Out of Safety Equipment

By in Environmental and Sustainability Law

OSHA Issues Final Rule With More Stringent Silica Exposure Limit On March 24, 2016, the Occupational Health and Safety Administration (OSHA) issued a final rule, which among other things, significantly reduces the permissible exposure limit (PEL) for workers’ exposure to respirable crystalline silica from 100 micrograms per cubic meter of air (averaged over an 8-hour […]

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March 21, 2016 0

EPA Increases Oversight of Drinking Water Program

By in Environmental and Sustainability Law

The U.S. EPA has announced its intention to increase oversight of state drinking water programs in light of the crisis occurring in Flint, Michigan.  Federal officials will meet with and work with each state agency to improve their implementation of the EPA’s existing rules aimed at controlling lead and copper in drinking water.  Drinking water […]

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