| 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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Taft's Environmental Practice Group Launches Blog
Taft's Environmental Practice Group has launched a new blog titled "Environmental Law Insight." The blog was designed for clients as a valuable resource for updates and analysis on a wide range of environmental law topics.
The combined years of experience our environmental trial lawyers give us a unique perspective on the law and changes in the industry. We invite you to visit Environmental Law Insight and subscribe in order to receive blog updates.
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IDEM's New Remediation Closure Guide
The Indiana Department of Environmental Management (IDEM) recently released its new Remediation Closure Guide. The Remediation Closure Guide is a non-rule policy document that provides guidance for the investigation, remedy selection, and risk-based closure of contaminated or potentially contaminated sites. The Guide replaces IDEM's Risk Integrated System of Closure (RISC) Technical Guidance and Users Guide, and is the product of House Enrolled Act 1162 (2009), which amended several statutes regulating environmental remediation projects in Indiana.
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EPA Extends Deadline For And Proposes To Amend NPDES Construction General Permit
On April 25, 2011, EPA published notice that the existing NPDES nationwide permit (also known as the 2008 Construction General Permit) for construction activities would be extended until January 31, 2012. The 2008 Construction General Permit was set to expire on June 30, 2011. This extension provides some breathing room for construction activities already suffering from the effects of the construction recession which began in 2008. The nationwide permit applies to construction activity which disturbs one or more acres of land (or less than 1 acre if part of a larger development), and is limited to "new projects" or "unpermitted ongoing projects." The extension was granted to allow EPA additional time to prepare the new nationwide Construction General Permit. In the meantime, as a result of errors by EPA in its calculations, EPA issued a stay on January 4, 2011 of the turbidity effluent limitation set forth in EPA's construction and development rule (40 C.F.R. §§450.21, et seq.) which became effective February 1, 2010. » continue reading |
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Ohio EPA Issues Draft Water Rules
Ohio EPA has revised and re-released four sets of draft surface water quality rules for public comment by June 6, 2011. These draft rules are a reflection of the Agency's response to new developments in science, policy, and case law. When finalized, the rules could impact wastewater discharge permit holders, developers, and agricultural entities.
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The Pollution Exclusion Is Brought Back To The Indiana Supreme Court
The salient issue in State Automobile Insurance Company v. Flexdar, Inc., a case in which the Indiana Supreme Court heard oral argument on May 5, 2011, is the enforceability of pollution exclusion clauses in commercial general liability ("CGL") insurance policies. The case is significant to Indiana businesses whose operations may give rise to environmental liability because the Court's decision will affect the scope of coverage available under CGL policies.
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| Ohio Environmental Statutes Of Limitation: Did The Ohio Supreme Court Affect Environmental Claims?
The Ohio Supreme Court's decision on April 27 in Flagstar Bank, F.S.B. v. Airline Union's Mortgage Company, et al, 2011-Ohio-1961, raises interesting environmental questions: who qualifies as a professional entitled to the four year limitation protections of R.C. 2305.09(D)? Does it cover, for example, acts of certified environmental managers that result in contamination of real property? Does it cover environmental consultants performing Phase I Environmental Site Assessments? If "yes," is the discovery rule exception superseded, as held in Flagstar, and does the statute of limitations always commence at the time of the initial offensive act?
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| IDEM's New Antidegradation Rule
The Indiana Department of Environmental Management (IDEM) recently released its new Antidegradation Rule, and advised stakeholders of its intent to request preliminary adoption of this new rule at the July 13, 2011 meeting of the Water Pollution Control Board.
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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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May 2011 Issue
· Taft Launches Environmental Blog
· IDEM's New Remediation Closure
Guide
· NPDES Construction General Permit
Deadline Extended
· Ohio EPA Issues Draft Water
Rules
· Pollution Exclusion Brought Back to
Indiana Supreme Court
· Ohio Environmental Statutes Of
Limitation
· IDEM's New Antidegradation Rule
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