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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. |
U.S. EPA Releases New Chemical Data Reporting Rule
U.S. EPA released a new rule under the Toxic Substances Control Act (TSCA) governing reporting of chemical use, manufacturing, and processing on August 2, 2011. The new "Chemical Data Reporting" (CDR) rule (formerly known as the Inventory Update Reporting (IUR) rule) alters the thresholds for, frequency of, and manner of reporting manufacture, import, use, and processing information to the Agency for commercial chemicals listed on the TSCA Chemical Substances Inventory.
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Tenaris' $717,324 EPCRA Penalty
U.S. EPA announced that Tenaris Global Services, (USA) Corp., agreed to pay $717,324 in civil penalties to settle EPCRA violations at seven of its facilities for failing to timely report its use of toxic chemicals. Tenaris, a manufacturer and supplier of steel pipe products for the oil and energy industry, failed to report quantities of lead, manganese, nickel, nitrate compounds, xylene, chromium, nitric acid, glycol ethers, and zinc compounds used at its facilities during 2005 through 2008.
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Ninth Circuit Finds Manufacturers of Dry Cleaning Equipment Not Liable Under CERCLA and RCRA
In a one-two punch, the Ninth Circuit Court of Appeals issued two decisions in different cases holding that manufacturers of dry cleaning equipment are not liable for pollution resulting from use of the equipment. In Team Enterprises, LLC v. Western Investment Real Estate Trust, a CERCLA case discussing the useful product defense, the court affirmed summary judgment in favor of the defendant manufacturer of dry cleaning equipment. The Team Enterprises court held that the sale of filtering and recycling equipment for perchloroethylene (PCE) was for a legitimate business purpose, and did not trigger "arranger" liability under Burlington Northern
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U.S. EPA's New Microbial Risk Assessment Guideline For Waterborne Pathogens
The "Microbial Risk Assessment Guideline: Pathogenic Microorganisms with Focus on Food and Water" was released by U.S. EPA and the U.S. Department of Agriculture on July 26, 2011. [www.epa.gov/raf/microbial.htm] The public comment period is open for 60 days.
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New Rule Directs Truck Manufacturers to Improve Fuel Economy 10-20% by 2018
President Obama announced, and the United States Environmental Protection Agency ("USEPA") and the National Highway Traffic Safety Administration ("NHTSA") will issue, a new rule (the "Rule") requiring certain truck manufacturers to improve truck fuel economy and greenhouse gas emission rates up to 20 percent by 2018.
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U.S. EPA Disapproves Portions of Indiana's and Ohio's Interstate Transport SIPs
On July 10, 2011, U.S. EPA disapproved the portions of Indiana's and Ohio's state implementation plans ("SIPs") addressing interstate transport for the 2006 twenty-four hour PM2.5 National Ambient Air Quality Standard ("NAAQS").
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Multimillion Dollar Settlement Held Uninsured:
Don't Make This Mistake
A state supreme court recently held that an insured's settlement consisting of services and assets provided in lieu of cash was uninsured because the consideration was not "money damages" under the policy.
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