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A $6 Million Reminder to Observe Corporate Formalities: Environmental Prosecutors Pierce Another Corporate Veil with Ohio Decision

With ever-growing concern about environmental liability exposures, many shareholders rely on corporate structures – both simple and complex – to help insulate themselves from direct responsibility for the acts and omissions...more

Brownfield land in the UK: directors’ and officers’ liability

Introduction - In this first in a series of briefings on topics relevant to those involved in brownfield land, we look at the issue of directors’ and officers’ personal liability....more

Focus on Insolvency and Environment: Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 (the “Abitibi case”): Clean-Up...

Introduction - The Supreme Court of Canada (the “SCC”) recently released an important decision relating to how provincial clean up orders against corporations may be treated when that corporation enters creditor...more

Court Rules Diesel Particulate Emissions Waste Is Not Solid Waste Under RCRA

The Resource Conservation and Recovery Act (RCRA) regulates discarded solid or hazardous waste. A recent lawsuit by environmental groups advanced a novel legal argument that diesel particulates found in diesel exhaust emitted...more

Illinois Appellate Court Vacates Two Judgments Entered Against Honeywell for Failing to Produce Consultant at Trial

Officer, director, employee or independent contractor? The nature of a company's relationship with its consultant determines its obligation to produce that person at trial, an Illinois appellate court ruled in early February...more

Sole Shareholder Of Company That Owns Contaminated Property Can Be Held Liable Under CERCLA As Current Operator

In the case of Litgo v. Martin, 2011 WL 65933 (D.N.J. Jan. 7, 2011) the federal District Court of New Jersey held that a shareholder of a single-purpose entity that owns a contaminated facility is liable as a current operator...more

Bankruptcy Unlikely to Save BP

By now, almost everyone realizes that the oil spill by the BP Deepwater Horizon oil rig in the Gulf of Mexico is the worst in history. Already, the British oil company has spent $1.43 billion to stop the flow of oil and clean...more

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