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Forever Chemicals, Forever a Problem? PFAS Impact Business Considerations Through State and Federal Regulations

In August 2022, the Environmental Protection Agency (EPA) proposed in the Federal Register to designate two per- and poly-fluoroalkyl substances (collectively PFAS) as hazardous substances (the Proposed Rule) under the...more

Deal Killer? PFAS Impact on Commercial Real Estate Transactions

In August 2022, the Environmental Protection Agency (EPA) proposed in the Federal Register to designate Perfluorooctanoic Acid and Perfluorooctanesulfonic Acid (collectively PFAS) as hazardous substances under the...more

EPA Issues New Proposed PFA Drinking Water Regulations

In a highly anticipated move, the Environmental Protection Agency (EPA) just announced proposed regulations under the Safe Drinking Water Act (SDWA) setting express limits on the amounts of Per- and Polyfluoroalkyl substances...more

Clean Water Act: Circuit and District Courts Start Addressing the Supreme Court's "Functional Equivalent" Requirement

Due to an April 2020 Supreme Court opinion re-interpreting when a discharge permit is required under the Clean Water Act's National Pollutant Discharge Elimination System (NPDES), courts are beginning to address and...more

Dippin’ Dots, Quilt Museums and the Intricacies of Maritime Federal Venue – Southern District of Texas Considers Forum Selection...

Many folks across this great country might not be familiar with Paducah, Kentucky. As a public service, the Court provides some basic background information about this relatively small community first settled as Perkin in...more

OSHA on the OCS? Fifth Circuit Affirms Preemption of OSHA Regulations on OCS MODU

The 5th Circuit, in Thomas v. Hercules Offshore Services, L.L.C., concluded per curiam that the Occupational Safety and Health Administration (“OSHA”) safe workplace regulations had been preempted by the United States Coast...more

Fifth Circuit Addresses Scindia Duties on Summary Judgment and the West Caveat Sending Case Back to District Court

In another recent case on the Scindia duties, the Fifth Circuit Court of Appeals in Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc., remanded a case dismissed by the District Court for the Eastern District of...more

Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners

On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner's claim for negligence against a subcontractor for improper plumbing installation in...more

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