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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 29 intensely motivated and focused attorneys in all facets of environmental law. |
Three Tips to Better Manage Your Superfund Sites (Tip 1)
Tip #1: Focus on your CERCLA site's Five-Year Review one year before it is due. This is the first article of a three-part series to help you better manage your Superfund site obligations from the perspective of an attorney who has served as Superfund common counsel for many years.
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New EPA Rule For Confidential Business Information Reported With Greenhouse Gas Data
The EPA has issued a new rule (effective July 25, 2011) that replaces case-by-case designations of confidential business information ("CBI") for purposes of making reports under the Mandatory Greenhouse Gas Reporting Rule, 40 C.F.R. part 98. The EPA's categorical approach attempts to make the CBI designation process more efficient. More than 10,000 facilities must make reports concerning 1,900 data elements. The EPA believes that each entity would have multiple CBI claims. All those CBI claims would need to be substantiated by the facilities and then individually evaluated by the EPA, which would consume a great deal of resources. The new categorical approach, however, deprives facilities of the opportunity to make a case to the EPA why their particular data should be protected if that data is outside the preordained categories.
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AEP v. Connecticut
In a unanimous decision issued on June 20, 2011, the U.S. Supreme Court held that federal legislation within the Clean Air Act displaces federal common law claims brought by eight states and New York City in a lawsuit against five major utility power companies. The Court decided that federal courts do not have jurisdiction to hear federal common law nuisance claims relating to greenhouse gas (GHG) emissions because federal regulation lies with the jurisdiction of the U.S. Environmental Protection Agency (EPA). The Supreme Court also affirmed, with a 4 to 4 split vote, the Second Circuit Court of Appeal's decision that the states bringing the lawsuit had Article III standing.
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Cost Recovery Not Allowed From Purchaser's Escrow
On June 21, 2011, the Fifth Circuit Court of Appeals ruled in In re Evans Industries, Inc., that a purchaser of assets from a bankrupt company cannot make a claim against a holdback escrow account for expenses incurred while cleaning up hazardous waste that the bankrupt company left behind.
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Seller That Lawfully Terminated Purchase Agreement For Environmental Issues Breached Duty Of Good Faith and Fair Dealing
In Hometown Folks, LLC, v. S & B Wilson, Inc., et al., -- F.3d --, 2011 WL 2566825 (C.A. 6, June 30, 2011 (Tenn.)), the Sixth Circuit Court of Appeals held, under Tennessee law, that a seller of several Burger King franchises could lawfully terminate the purchase agreement because of environmental issues. However, the Sixth Circuit affirmed the jury's finding of seller's liability to the prospective purchaser for seller's breach of its duty of good faith and fair dealing.
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Environmental Services: Costs of Defense or Indemnification?
What part of an environmental consultant's services constitute work performed in defense of the insured rather than indemnification? I have seen this issue pop up several times recently in the context of commercial general liability ("CGL") policies subject to Indiana and Wisconsin law. Read my recent blog post on Commonground.com for background, examples and a brief explanation of how courts resolve this issue. |
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EPA Finalizes Cross-State Air Pollution Rule
On July 7, 2011, the EPA finalized the Cross-State Air Pollution Rule (CSAPR), which will replace the Clean Air Interstate Rule. CSAPR requires power plants in twenty-seven states to make significant reductions in annual SO2 emissions, annual NOx emissions, and ozone-season NOx emissions. The rule allows sources to trade emissions allowances.
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Taft Presents Expert Witness Seminar
Damages are at the heart of every lawsuit. Several Taft environmental trial lawyers will participate in a seminar to teach experts how to be better witnesses at trials. The seminar is jointly presented with the National Association of Certified Valuators and Analysts (NACVA) and the American Society of Appraisers (ASA) on July 22 at Indiana University School of Law - Indianapolis. Details are available here. |
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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