General Business Civil Procedure Environmental

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

Some PURPA Qualifying Facilities are More Qualified Than Others

In a fascinating decision last week, a divided panel of the 5th Circuit Court of Appeals held that the Texas Public Utilities Commission had authority to limit the universe of “Qualifying Facilities” under the Public...more

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)...more

CERCLA’s Three Year Statute of Limitations for Contribution Applies To Non-CERCLA Settlements

Parties which settle environmental liability in a judicially approved settlement have three years from the date of that settlement in which to seek contribution even if the settlement is not a CERCLA settlement. That is the...more

Is There a Duty to Defend Pollution Claims? It’s the Complaint, Stupid

This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer’s duty to defend must be determined from the specific claims in the underlying complaint against the insured, and not...more

Not So Fast: New York’s High Court Relieves Pressure on Liability Carriers to Disclaim Coverage “As Soon As Possible”

Under a New York statute, a liability insurer that denies coverage for a death or bodily injury claim must provide written notice of its decision “as soon as is reasonably possible.” Last year, in Long Island Lighting Co. v....more

If the Suit Fits: A Washington Court Clarifies Triggers for the Duty to Defend

Like many other federal and state environmental laws, Washington’s Model Toxics Control Act (MTCA) exposes property owners to strict liability, regardless of fault or intent, for certain types of environmental contamination. ...more

Recent Amendment Implements Important Changes to the Georgia Brownfield Program

Effective on July 1, House Bill 957 (2014) (the “Amendment”) amended the Georgia Brownfield Act, O.C.G.A. § 12-8-200 et seq. (the Act). The Amendment broadens applicability of the Act, expands the pool of eligible parties...more

Washington Insurance Law 2014 Mid-Year Update

During the first six months of 2014, Washington judges issued several notable insurance-related decisions. Some of those decisions were favorable to insurers and could benefit insurers in future insurance claims and lawsuits...more

California Insurance Coverage Cases Raising Key Issues On The Horizon

This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more

Forum-Shopping Insurance Companies' Latest Tricks

Decades ago, insurance companies tried to persuade trial courts in California to apply the law of some other state to multi-party environmental and asbestos insurance coverage disputes because the insurance companies believed...more

Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject...

In a July 3, 2014 published decision more notable for the practical importance of the water rights involved than the CEQA law applied, the Fifth District Court of Appeal rejected the CEQA challenges of various environmental...more

Another State Weighs in on Pollution Exclusions in General Liability Policies

In May 2014, Nevada became the latest state to interpret the breadth and applicability of the pollution exclusion contained within a third-party general liability policy. Although many states have considered this question,...more

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

Supreme Court Decides Utility Air Regulatory Group v. Environmental Protection Agency

On June 23, 2014, the U.S. Supreme Court decided Utility Air Regulatory Group v. Environmental Protection Agency, No. 12-1146, holding that the U.S. Environmental Protection Agency (EPA) cannot require that a stationary...more

There is No Need To Be Alarmed By Alarmist Readings of New York’s Most Recent Ruling On Waiver of Notice Defenses

The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late notice defense by not raising the defense until years after they first received notice of a pollution...more

Duty to Consult where Government Action Impacts a First Nation’s Economic Interests

On May 14, 2014 the British Columbia Supreme Court released its decision in Ehattesaht First Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 849. The case concerned an application for...more

New York High Court Finds that New York Insurance Law §3420(d)(2)’s Prompt Notice Requirement Does Not Extend to Claims Limited to...

In KeySpan Gas East Corp. v. Munich Reinsurance America, Inc., et al., — N.Y.3d –, (N.Y. June 10, 2014), a case involving two environmental damage claims, the New York Court of Appeals reversed an appellate decision which...more

Use chemicals in your business? Read your insurance policy: You might not be covered.

A recent federal appeals court ruling underscores the need for businesses using potentially irritating chemicals to check their insurance policies for “absolute pollution exception” clauses. These increasingly common clauses...more

Seismic Data Held by a Board: A Further Look

The Federal and Nova Scotia regulations that require oil and gas companies to submit seismic data to Nova Scotia’s offshore oil and gas board are not ultra vires, the Nova Scotia Supreme Court recently held in Geophysical...more

Texas Supreme Court Issues Opinion with Implications for Power Purchase Agreements

The Texas Supreme Court recently issued an opinion with implications for negotiating terms in power purchase agreements in the renewable energy market. In FPL Energy LLC, et al. v. TXU Portfolio Management Co., LP, the Court...more

New Clean Air Act Decision Could Spell Trouble for Defendants in Citizen Suits

On April 18, 2014, the D.C. Circuit issued its decision in Natural Resources Defense Council v. Environmental Protection Agency et al., No. 10-1371 (Apr. 18, 2014), a case challenging new EPA emissions standards that govern...more

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico...more

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

EPA Endorses Upgraded All Appropriate Inquiry Standard

Buyers of real estate and their lenders are familiar with the Phase I Environmental Site Assessment. Originally developed in the 1980s in response to the CERCLA statute, the Phase I protocol has been refined over the years. ...more

72 Results
|
View per page
Page: of 3

Follow General Business Updates on: