The members of Taft Stettinius & Hollister LLP’s Environmental Practice group bring you Environmental Law Insight. This publication focuses updating readers and providing insight on a variety of environmentally driven litigation and regulations. Blog topics include posts on toxic tort litigation, environmental insurance, superfund defense and negotiation, and agricultural issues.
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On February 16, 2012, US EPA reissued and renewed the expiring 2008 Stormwater Construction General Permit (CGP) for a five-year term. The new permit covers stormwater discharges from disturbances of one or more acres of land. EPA states that the CGP is issued to “improve its ...
Businesses and property owners can often have their own insurance companies pay for the costs to investigate and clean up environmental contamination on their own property under old liability insurance policies, such as commercial general liability (or CGL) policies. Many older policies...
On March 1, 2012, US EPA announced that it has finalized a new plan for identifying which existing chemicals should undergo comprehensive risk assessment under the Toxic Substances Control Act (TSCA). US EPA also announced that, using this new plan, it has identified 83 existing...
Environmental consultants need standard operating procedures in order to manage and control the risks of being sued and paying substantial defense costs and claims. This is especially true for consultants performing Phase I Environmental Site Assessments, who have the difficult task of...
A federal district court was recently presented several government standards to use in determining whether indoor air contamination from vapor intrusion created an imminent and substantial endangerment to human health or the environment to support a citizen suit claim asserted under the Resource...
On December 9, 2011, the United States Court of Appeals for the District of Columbia invalidated and delayed the implementation of certain provisions in the United States Environmental Protection Agency’s (“EPA”) new rules governing hazardous pollutants emitted from cement kilns....
On November 9, 2011, the United States District Court for the District of Minnesota (No. 0:11-cv-00619-DWF-FLN), ruled that Northern States Power Company, through its wholly owned subsidiary Xcel Energy, (“Xcel”) was not liable for the unauthorized actions of its former employee that...
On January 9, 2012, the District Court for the District of Columbia vacated the EPA’s May 18, 2011 “Delay Notice” that stayed effectiveness of a rule limiting emissions from industrial, commercial, and institutional boilers and another rule limiting emissions from commercial and...
Justice Alito called EPA’s position “outrageous.” This was one of the many barbs aimed at EPA during oral argument in Sackett v. EPA, a case where property owners seek pre-enforcement judicial review of an EPA administrative order. The Sacketts wanted to build a...
On December 30, 2011, the United States Court of Appeals for the D.C. Circuit stayed the EPA’s Cross-State Air Pollution Rule (“CSPAR”) pending resolution of a challenge to the rule. EME Homer City Generation, L.P., v. EPA, No. 11-1302 (D.C. Cir. Dec. 30, 2011) (per...