News & Analysis as of

Environmental Remediation Costs

Oil Field Contamination Award Upheld

by Gray Reed & McGraw on

Forest Oil Corporation v. El Rucio Land and Cattle Inc. et al deserves your attention for four reasons: You won’t see another one involving damage to a rhinoceros pen...more

The Federal Funding Cut to the Chesapeake Bay Cleanup Program will Have Potential Environmental and Economic Impacts

by Miles & Stockbridge P.C. on

In our previous post entitled “EPA’s Budget was Cut How Much? Making Sense of the White House’s ‘Budget Blueprint to Make America Great Again,’” we discussed the White House’s proposed fiscal year 2018 budget outline for the...more

Transfer Act for Lenders

by Murtha Cullina on

A previous blog post addressed lender liability for environmental conditions on property a lender might acquire as a result of foreclosure. Another issue lenders in Connecticut must consider prior to foreclosing on a property...more

SHE Matters: Safety, Health and Environment Matters - Autumn/Winter 2017

by DLA Piper on

Now more than ever, companies need to appreciate the significance of their financial position to when faced with a corporate manslaughter prosecution. Businesses should be on notice that regulatory fines may be much more...more

Coal Plant Shutdowns: Taking Steps to Control the Reopener

by McCarter & English, LLP on

Operators shutting down coal-fired plants would be wise to plan ahead for potential future remediation obligations – aka the “reopener.” Predicting these obligations may be quite difficult, but operators can implement...more

Corporate dissolution will not protect former directors and officers from environmental liabilities

by Dentons on

On December 10, 2016, Ontario’s Forfeited Corporate Property Act, 2015 (the FCPA), comes into force,1 along with related amendments to the Ontario Business Corporations Act (the OBCA).2 Directors and officers may be aware of...more

Choice-Of-Law Ruling In Massachusetts Diminishes Coverage For Rhode Island Public Utility

by Murtha Cullina on

The Appeals Court of Massachusetts recently dealt a blow to policyholders by choosing to apply Massachusetts law to the coverage of environmental contamination in Rhode Island. In OneBeacon America Insurance Company v....more

Recent Environmental and Administrative Law Decisions by Federal and State Courts

The state and federal appellate courts have issued a surprising number of significant rulings in a variety of environmental and administrative law controversies in late July and early August: - On August 8, the U.S....more

Federal Court Dismisses Claims Against Third-Party Administrator

by Carlton Fields on

The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

China Releases Ambitious Plan to Address Soil Pollution

by Latham & Watkins LLP on

On 28 May, the State Council, China’s highest administrative body, released the Action Plan on Prevention and Control of Soil Pollution (currently available only in Chinese) to address one of the nation’s most difficult and...more

Historic contamination in Romania under sale–purchase agreements

by Dentons on

General Context - Historic contamination receives a lot of attention in Romania, particularly in the process of privatizing formerly state owned enterprises. Some of these enterprises are taken over as ongoing...more

New Kansas Act Allows Relief for Purchase of Contaminated Property

by Lathrop & Gage LLP on

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing...more

Alberta Wildfires – Insurance for Financial and Other Losses of Affected Companies

by Reed Smith on

Companies potentially affected by the Alberta wildfires should be conducting a prompt review of potentially applicable insurance coverage, especially under policies that provide coverage for business interruption and loss of...more

Texas Court of Appeals Issues Important State Superfund Order

In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more

Court of Appeals Upholds Maryland's Flexible Approach To Stormwater Permitting - Ruling Paves the Way for Counties to Seek...

by Holland & Knight LLP on

The Maryland Court of Appeals has issued an important decision broadly upholding county stormwater permits issued by the Maryland Department of the Environment (MDE). The court's unanimous decision, authored by Judge Sally...more

Selling Property “As Is” Won’t Protect Seller From Superfund Liability

by Williams Mullen on

Everyone is familiar with the two little words - “as is” - that pop up in real estate contracts. The “as is” clause is a means of allocating risk between seller and buyer. Generally, a seller who sells property “as is” will...more

Polluter Still Pays: BC Court of Appeal Upholds Award of Damages Against Historical Polluter

by Bennett Jones LLP on

The British Columbia Court of Appeal upheld a lower court decision ordering ICI Canada Inc. (now PPG Architectural Coatings Canada Ltd) to pay $4.75 million in remediation costs following a trial which enforced the “polluter...more

Business Owner Ordered to Pay $1.3 Million for Leaking UST

by Snell & Wilmer on

The Arizona Department of Environmental Quality (ADEQ) obtained a judgment against William Arnett for $1.3 million for underground storage tank (UST) law violations that stem back to the late 1980s. A Maricopa County Superior...more

“Citizen Suits” Under China’s Revised Environmental Protection Law: A Watershed Moment In Chinese Environmental Litigation?

by Beveridge & Diamond PC on

A little over a year ago, on January 1, 2015, China’s amended Environmental Protection Law (“EPL”) went into effect, representing a significant aspect of China’s concerted effort to place greater emphasis on environmental...more

Nonprofits Seeking to Use Brownfields Tax Credits Beware: Directive Gutted by Massachusetts Superior Court Remains Online Without...

by Beveridge & Diamond PC on

Massachusetts Department of Revenue guidance declared a “naked, confiscatory attempt by a state administrative agency to appropriate private property to fill government coffers” by the Massachusetts Superior Court remains on...more

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

by McCarter & English, LLP on

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30...more

Case Law Updates

by Williams Mullen on

Clean Water Act - In last month’s edition of Environmental Notes, we discussed the potential impact of two recent federal district court decisions finding that a citizen suit under the Clean Water Act (CWA) could be...more

Act 312: Federal Court Holds That Plaintiff Cannot Pocket “Additional Remediation Damages” Without Express Contractual Provision

by Liskow & Lewis on

On February 1, 2016, a federal district court issued a ruling in Moore v. Denbury, — F.3d — (W.D. La. 2016), with important implications for “legacy” lawsuits in Louisiana. ...more

Hold who harmless? Be careful in drafting indemnity provisions

by Thompson Coburn LLP on

In another example that there is no “boilerplate” in commercial real estate documents, the California Court of Appeal recently held that an indemnity provision not only covered claims by third parties, but it also covered...more

California Department of Toxic Substances Control Gains New Hazardous Waste Regulatory Powers

by Morgan Lewis on

Governor Brown and Legislature give the state’s Department of Toxic Substances Control more power to regulate hazardous substances. On Friday, October 2, 2015, California Governor Edmund G. Brown Jr. signed into law a...more

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