News & Analysis as of

Soil

2018 Arkansas Soil and Water Education Conference/Expo: First National Bank Arena – January 31st/Jonesboro, Arkansas

The 2018 Arkansas Soil and Water Education Conference and Expo (“Conference”) will be held on January 31st. The Conference will be held at the First National Bank Arena (formerly the Arkansas State University Convocation...more

The Sting of a Thousand Cuts - China Cleans Up its Act on the Environment

by Dorsey & Whitney LLP on

On October 18, 2017, President Xi Jinping, in a three and a half hour speech to the Party Congress emphasized that building an ecological civilization is necessary for the continued development of China. He chose his words...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

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

by Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

Superior Court Dismisses Wrongful Death Claims Against Maricopa County Based On Plaintiff’s Untimely Notice Of Claim

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Jennifer Anderson recently obtained dismissal of a portion of a wrongful death lawsuit filed against Maricopa County. On January 22, 2014,...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

China Announces Action Plan to Tackle Soil Pollution

by Beveridge & Diamond PC on

On May 31, China’s State Council released a nationwide Action Plan for Soil Pollution Prevention and Control (“Action Plan”). The Action Plan, whose implementation will be led by the Ministry of Environmental Protection...more

New Chinese Soil Pollution Law Planned for 2017 Could Be Accelerated

by Latham & Watkins LLP on

On April 17, 2016, China Central Television (CCTV), the country’s state-run broadcast network, aired a report claiming that nearly 500 students apparently developed illnesses (including leukemia) at a school built on...more

Unanticipated Site Conditions – Beware the Danger Below - Brad Gould Trucking & Excavating Ltd v Bird Construction Co, 2015 NBCA...

by Bennett Jones LLP on

The recent New Brunswick Court of Appeal decision in Brad Gould Trucking & Excavating Ltd v Bird Construction Co, 2015 NBCA 47 [Brad Gould], serves as a warning to contractors that a failure to understand the contractual...more

Public Records in Massachusetts: Legislature looks to Improve Access and Top Court Clarifies Attorney-Client and Work-Product...

by Beveridge & Diamond PC on

The combined efforts of Massachusetts’ highest court, its legislature, and the Governor’s office are clarifying and modernizing Massachusetts public records law, which is considered by some to be one of the weakest in the...more

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