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Alabama Policyholder’s Bad Faith Claim Barred Where Basis of Coverage Denial Was Debatable Under Alabama Law

The U.S. District Court for the Northern District of Alabama, Southern Division, recently granted an insurer’s summary judgment with respect to a policyholder’s tort claim for the bad faith refusal to pay a claim, dismissing...more

Los Angeles Battle Over Owens Lake Dust Mitigation Costs Boils Over

There’s a dust up occurring between the City of Los Angeles and the Great Basin Unified Air Pollution Control District (“Great Basin”). What’s the dust up about? Dust! Yes, even something as naturally occurring and...more

Insurance Coverage For Long Tail Injuries In California

The California Supreme Court recently ruled, in a case involving environmental damage at a State controlled waste site, that multiple insurers, who provided coverage to the State at different periods between 1964-1976, are...more

California Files Suit Against Whittier to Stop Oil Leases

The City of Whittier, California wants to allow oil drilling on a 20 acre parcel of land purchased as part of a much larger parcel acquired by the City in the 1990’s using bond funds approved by Proposition A. The Santa...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

Solar Tariffs Slapped On Chinese Manufacturers Lead To Challenge And Opportunity At Home

The price of solar panels has fallen 80 percent the past two years and more than 50 percent in the last year alone, according to an article in the Los Angeles Business Journal. But recently the Chinese, who control about...more

Global Warming Solutions Act Starts To Heat Things Up In California

California enacted the Global Warming Solutions Act (AB 32) in 2006. The wide-reaching environmental law is aimed at reducing greenhouse gas emissions by implementing a market based cap-and-trade program tied to an...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

Pig Promise Produces No Prudhoe Pork For Plaintiff

What We’ve Got Here is A Failure to Pig In 2006, BP Exploration (Alaska) Inc. shut down its pipelines and oil production in Prudhoe Bay, Alaska after leaks were discovered in two of its pipelines. Both leaks resulted from...more

Washington Court of Appeals Heralds New Developments in Damages for an Insurer’s Bad Faith Duty to Defend

On April 4, the Washington Court of Appeals issued its decision in Unigard Insurance Company v. Mutual of Enumclaw Insurance Company. The case pertains to the scope of damages that may be assessed for an insurer’s bad faith...more

Biological Processors of Alabama v. Dow Reichhold Specialty Latex, LLC

Complaint

Our client operated a waste treatment facility. The complaint alleges the defendant shipped waste that did not conform to the provided profile, but rater, contained a toxic organic substance. The non-conforming waste...more

Gerogia Pacific Corporation v GAF Building Materials Corporation

Decision of USDC - SDNY Dismissing Counterclaim for Fraudulent Misrepresentation

ATTORNEY-CLIENT PRIVILEGE: BEWARE - NOT ALL LAWYERS ARE TREATED EQUALLY Clients utilizing in-house counsel may not have the same rights to claim attorney-client privilege as clients who engage retained counsel, and counsel...more

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