Environmental Liability

Ashley II Holdings Require Caution

by Larry Burke | Davis Wright Tremaine LLP on 5/13/2013

On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No. 11-1662 (4th Cir. April 4, 2013) (Ashley II). ...more

Negotiating Additional Insured Provisions in the Wake of the Deepwater Horizon Decision

by King & Spalding on 5/10/2013

Companies should re-examine their approach to additional insured provisions in their business contracts and insurance policies in light of the Fifth Circuit’s recent decision in In re Deepwater Horizon, 710 F.3d 338 (5th Cir....more

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

by Molly Eckman | Cozen O'Connor on 5/8/2013

On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

Is It Sewer or Stormwater – and Who Pays?

by N. Joel Moser | Bernstein Shur on 5/7/2013

What’s in the pipes? Is it sewer, stormwater, or both? Which customers pay for upgrades and administration costs? ...more

EU Environment Report - April 2013

by Jacquelyn F. MacLennan, David Strelzyk-Herzog | White & Case LLP on 5/3/2013

In This Issue: *Chemicals: - Commission adds eight substances to REACH authorisation list *Climate Change: - European Parliament opposes “backloading” proposal for ETS allowances - Council...more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

by Wally Braul, Laura Gill, Michael Theroux | Bennett Jones LLP on 4/23/2013

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Insurance Recovery Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/19/2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

by William Cleveland, IV, Perrin Dargan, III, David Franchina | K&L Gates LLP on 4/19/2013

On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the “bona fide prospective purchaser” (“BFPP”) defense that Congress...more

DISPUTE RESOLUTION: International Arbitration: Chevron Tribunal Declares Ecuador in Breach of Interim Awards

by King & Spalding on 4/17/2013

On February 7, 2013, an investment arbitration tribunal issued its third interim measures award in the Chevron vs. Ecuador case. The tribunal found Ecuador in breach of its previous award ordering Ecuador to take all measures...more

Massachusetts Packaging Plant Pays Nearly $485K Penalty For Environmental Violations

by Philip Ahrens, John M. Formella, Kenneth Gray, Dixon P. Pike | Pierce Atwood LLP on 4/17/2013

A packaging company in Dudley, MA has agreed to pay $484,900 in penalties to settle EPA claims that the company violated numerous federal and state regulations. The violations occurred at the company’s liquid and aerosol...more

BLM Fails to Review Fracking Impacts of Oil & Gas Leases in California

by Allison Davis | Davis Wright Tremaine LLP on 4/16/2013

The U.S. District Court in San Jose recently found that the Bureau of Land Management (BLM) failed to adequately review the environmental impacts of fracking on four oil and gas leases it recently auctioned off in the...more

PCS Nitrogen Inc. v. Ashley II of Charleston: Required Reading for Superfund Lawyers

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 4/9/2013

The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading for Superfund lawyers. The facts in the case are worthy of a law school law...more

Bankruptcy Loses Arguments for Special Relief Under Prepetition Agreements for Environmental Liability

by Levi Jones | Schnader Harrison Segal & Lewis LLP on 2/6/2013

A recent case from the U.S. District Court for the Southern District of New York addressed the recurring conflict between the goals of bankruptcy law, which seeks to give debtors a fresh start, and the goals of federal and...more

Doing Business in Canada: Environmental Law

by Bennett Jones LLP on 10/18/2012

Companies doing business in Canada should identify and manage the risks associated with legal liability for harm that has been (or may be) caused to the environment. Environmental legislation (statutes and regulations) in...more

Case Alert!! Decisions Which Will Affect Financing of Companies with Pension Plans and Potential Environmental Liability Expected...

by Domenico Magisano | Lerners LLP on 9/4/2012

Supreme Court of Canada is considering two key insolvency related cases where their findings could have significant ramifications on the financing of companies with pension plans and/or potential for environmental liability....more

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