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Taft's Environmental Practice provides nationally recognized services in the areas of trial practice, Superfund defense and negotiation, enforcement defense, cost-recovery for plaintiffs and defendants, criminal environmental defense, environmental insurance and toxic tort litigation, mold and sick building litigation, lawsuits involving environmental problems discovered as a result of real property transfers or mergers and acquisitions, Brownfields redevelopment, defense of claims of occupational exposures, and administrative proceedings before state and federal agencies. Taft's environmental lawyers also regularly are engaged in insurance disputes concerning environmental issues and agricultural issues involving CAFOs and CFOs. As a Taft client, you can utilize the capital of 31 intensely motivated and focused attorneys in all facets of environmental law.
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CERCLA Then and Now: Looking Back Over the Last 30 Years  The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress 30 years ago on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. The passage of CERCLA marked the beginning of three decades of concerted efforts to identify, investigate and remediate previously non-regulated contaminated sites. Five Taft partners, Thomas A. Barnard, Kim K. Burke, Robert R. Clark, Frank J. Deveau and Thomas T. Terp, have been practicing environmental law since the law was enacted and recently reflected on its impact. » continue reading |
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Indiana Court of Appeals Clarifies Landlord Liability for Toxic Torts
On November 24, 2010, the Indiana Court of Appeals ruled in Neal v. Cure. The case involved claims brought by Sam and Delores Neal (owners of a transmission repair shop in Martinsville, Indiana) against the owner of an adjacent commercial building, William Cure, who was represented by Taft. From 1990 to 1995, Mr. Cure leased his commercial building, which he had previously used as space for his family's retail furniture store, to a commercial dry cleaner and laundry, Masterwear Corp. Unbeknownst to Mr. Cure, Masterwear's dry cleaning equipment released a cleaning solvent, Perchloroethylene (PERC or PCE) into the soil and groundwater at the site. This contamination eventually migrated off-site and impacted the City of Martinsville's wellfield. The City, the United States Environmental Protection Agency, and a bevy of nearby residents - including the Neals - sued Masterwear, the Cures and their respective insurers.
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| Cities' Class Action Atrazine Lawsuit Survives For Now
A federal district court recently held that cities and operators of drinking water plants in six states had standing to survive a motion to dismiss their class action complaint against a manufacturer of the herbicide atrazine, even though the plants' finished water did not exceed U.S. EPA's maximum contaminant level for atrazine.
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| Grilled Chicken Can Cause Cancer: Plaintiff's Claim Requiring Restaurant to Warn Consumers Moves Forward
"Warning: Grilled Chicken at this Restaurant Can Cause Cancer." Similar warnings for items such as cigarettes are commonplace throughout today's society; however, thanks to the Supreme Court of California's recent denial of a petition for review, soon these types of warnings could be required in restaurants located in California (and potentially other states) that serve grilled chicken.
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The Modified Pollution Exclusion Remains Ambiguous and Unenforceable Under Indiana Law
In an insurance coverage dispute involving the interpretation of the modified pollution exclusion, the Indiana Court of Appeals has ruled that it is ambiguous and unenforceable.
In State Automobile Mutual Insurance Company v. Flexdar, Inc., No. 49A02-1002-PL-00111, 2010 WL 4723188 (Ind. Ct. App. Nov. 22, 2010), State Automobile Mutual Insurance Company ("State Auto") issued commercial general liability insurance to Flexdar, Inc. ("Flexdar"). Flexdar manufactured rubber stamps and printing plates at a factory in Indianapolis, Indiana. The machinery used in Flexdar's manufacturing processes employed the chemical solvent trichloroethylene, which leaked from the machinery and contaminated the subsoil and groundwater at and around the factory. The Indiana Department of Environmental Management ordered Flexdar to investigate and remediate the trichloroethylene contamination.
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| An Update on U.S. EPA's Regulation of Coal Ash
The public comment period on EPA's proposed rule regarding the federally enforceable regulation of "coal combustion residuals" ("CCR") ended on November 19, 2010. CCR, which is essentially coal ash and related product, is used in a variety of applications, including: concrete; road base; structural fill; wallboard; and agricultural use. Therefore, EPA's potential regulation of CCR impacts a variety of industries.
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U.S. EPA's BACT Guidance for Greenhouse Gases
Beginning on January 2, 2011, U.S. EPA will begin regulating greenhouse gas (GHG) emissions from new and modified stationary sources, such as power plants, refineries, and manufacturing facilities under the Clean Air Act's Prevention of Significant Deterioration (PSD) and Title V permitting programs. Under the EPA's GHG Tailoring Rule, issued in May, 2010, permitting will initially focus on the largest industrial sources, i.e. those sources emitting roughly 70% of GHG emissions.
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U.S. Supreme Court to Hear Utilities' Appeal of GHG Nuisance Lawsuit
The U.S. Supreme Court will review the Second Circuit's decision allowing a public nuisance lawsuit to continue against coal-fired, electricity-generating utility companies for their greenhouse gas (GHG) emissions.
In State of Connecticut v. American Electric Power Company, 582 F.3d 309 (2d Cir. 2009), eight states, New York City, and three land trusts sued six coal-fired, electricity-generating utility companies for contributing to climate change and resulting property damage, increased medical costs, and other damages, which plaintiffs blamed on the utilities' GHG emissions. The plaintiffs sought an injunction to require the utilities to cap and reduce their ongoing emissions of carbon dioxide.
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Environmental Law Insight is used to inform our clients and friends of significant new developments and current issues in environmental law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.
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December 2010 Issue
· CERCLA Then and Now · Indiana Court of Appeals Clarifies Landlord Liability for Toxic Torts · Class Action Atrazine Lawsuit
Survives For Now · Claim Requiring Restaurant
to Warn Consumers Moves Forward
· Modified Pollution Exclusion
Remains Ambiguous and
Unenforceable Under Indiana Law · U.S. EPA's Regulation of Coal Ash
Update · U.S. EPA's BACT Guidance for Greenhouse Gases · U.S. Supreme Court to Hear Utilities' Appeal of GHG
Nuisance Lawsuit |
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